Investment Research Associates - Page 388




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               On February 28, 1983, Kanter paid $15,000 to the JUF by a               
          check on his personal bank account.  Neither Holding Co. nor                 
          Kanter paid any interest on the Holding Co. note to JUF.                     
               Kanter did not establish that he endorsed the Holding Co.               
          note over to JUF in 1982.  Kanter contends he is entitled to a               
          1982 charitable contribution deduction because the $15,000 note              
          was delivered to JUF during 1982.                                            
                                       OPINION                                         
               Section 170(a) generally provides that a deduction is                   
          allowed for charitable contributions, payment of which is made               
          within the taxable year.  Charitable contributions can be made in            
          the form of cash or property, including third party promissory               
          notes.  See MacKay v. United States, 503 F.2d 591 (10th Cir.                 
          1974), a case distinguishable from the facts herein.                         
               The Kanters contend that they are entitled to a charitable              
          contribution deduction for 1982 of at least $14,700, which they              
          maintain was the Holding Co. promissory note's fair market value             
          on the date of its contribution to JUF in December 1982.  They               
          assert that "While a small discount for the fact that the note               
          was not to be paid until several months after the date of                    
          contribution is perhaps required, there is no basis for                      
          disallowing the entire contribution”.  The Kanters submit that,              
          given the interest rates at the time (as reflected in the IRS's              
          applicable Federal rates, as well as the 12-percent interest rate            






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