- 8 - record, we conclude that Arbor acquired Wolverine Tower under the leaseback contract and owned it until it was sold to U of M.7 We now turn to whether the sale was a bargain sale resulting in a charitable contribution. This will turn on whether Arbor sold Wolverine Tower to U of M for less than its fair market value. We hold it did not. A sale of property to a section 170(c) organization accompanied by a donative intent on the part of the vendor gives rise to a deductible charitable contribution if the sale price is less than the fair market value of the property sold. See United States v. American Bar Endowment, 477 U.S. 105 (1986); Stark v. Commissioner, 86 T.C. 243 (1986); Waller v. Commissioner, 39 T.C. 665 (1963).8 The regulations under section 170 provide: "If a charitable contribution is made in property other than money, the amount of the contribution is the fair market value of the property at the time of the contribution". Sec. 1.170A-1(c)(1), Income Tax Regs. The regulations define "fair market value" as "the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and 7To embrace respondent's theory we would have to find U of M paid the $9 million solely to buy out the interests of Arbor and Wolverine in the land lease. This makes no sense and is not supported by the record. 8Respondent does not raise the issue of whether donative intent was lacking on these facts.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011