William P. Short, Jr. and Mary E. Short - Page 9

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          Guest v. Commissioner, 77 T.C. 9, 15-16 (1981) (quoting Weil v.             
          Commissioner, 31 B.T.A. 899, 906 (1934), affd. 82 F.2d 561 (5th Cir.        
          1936)).  An objective inquiry must be made into the nature of the           
          transaction to determine whether that which is labeled as a gift is         
          in substance a gift.  Pettit v. Commissioner, 61 T.C. 634, 638-639          
          (1974); Grinslade v. Commissioner, 59 T.C. 566 (1973).                      
               A prerequisite to the required irrevocable transfer is that the        
          donors possess legal title to the property prior to the purported           
          donation.  Assuming the donors held title, the donee must then              
          accept the gift.                                                            
              The parties agree that the State of Delaware is a qualified            
          donee within the meaning of section 170(c)(1).  The parties,                
          however, disagree as to: (1) Whether petitioners had good legal             
          title to the 1988 gift land at the time of the purported donation;          
          (2) whether the gift was completed and accepted by the State of             
          Delaware; and (3) whether petitioners had donative intent.                  
               We do not believe that petitioners are entitled to 1991 or 1992        
          charitable contribution deductions with regard to the 1988 gift land        
          for several reasons.  First, petitioners have not satisfied their           
          burden of proving that they possessed good legal title to the 1988          
          gift land.  At the time of the purported donation, it was doubtful          
          whether petitioners possessed good legal title to the property.             
          Chain of title was uncertain.  Prior to petitioner's purchase of the        
          1982 quitclaim deed, the last record title to the interest                  




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