- 4 - percent of the convent property was to be donated in 1985 and the remainder in 1986. The Memorandum outlined the tax benefits and the tax risks to investors attributable to the donation of the convent property. The Memorandum explained that: The Partnership has engaged an independent real estate appraiser to determine the fair market value of the convent building. His appraisal is not expected to be completed before this offering closes. The value of the proposed gift is a question of fact, and there can be no assurance that, if the Partnership is audited by the Internal Revenue Service, such value will be accepted. The Internal Revenue Service may engage on its own an independent appraiser to value the charitable gift, and it is possible that the Service will arrive at a different value. The Partnership may have to resort to litigation to settle the issue. The Memorandum repeatedly cautioned that the Internal Revenue Service might challenge the valuation of the convent property. In a section entitled "Risk Factors", the Memorandum warned that: There can be no assurance that the value the Partnership will claim for the charitable deduction will be accepted by the Internal Revenue Service in the event of an audit of the Partnership's tax return. If the valuation is contested and a lower valuation results, the Partnership (and, hence, each Partner), will have disallowed, to that extent, a portion of its charitable deduction. * * * along with the assessment of interest on the deficiency and also the possible assessment of penalties, including the substantial overvaluation penalty (see Tax Aspects) which is equal to 30% of the deficiency in tax caused by the overvaluation. In the subsection "Additions to Tax - Penalties & Interest", the Memorandum explained in detail that the substantialPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011