Estate of Lloyd P. Cavett - Page 25




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               Section 2055 allows a deduction in computing the taxable               
          estate for certain transfers for charitable or similar purposes.            
          In pertinent part, section 2055(a)(3) allows a deduction for                
          bequests to:                                                                
               a fraternal society, order, or association operating                   
               under the lodge system, but only if such contributions                 
               or gifts are to be used * * * exclusively for                          
               religious, charitable, scientific, literary, or                        
               educational purposes, or for the prevention of cruelty                 
               to children or animals [hereafter, without distinction,                
               charitable purposes] * * *                                             
               On brief, petitioners argue:  “Since there is no evidence in           
          the record that these organizations did not use the bequests for            
          the purposes set forth in the statute the Respondent’s denial of            
          the charitable deduction taken by the Estate on the federal                 
          estate tax return is without foundation.”                                   
               Clearly petitioners recognized their obligation to prove the           
          exclusive charitable purposes for which the $22,000 bequests were           
          to be used.  Petitioners failed to introduce any letter of intent           
          or other evidence on point and, thus, have failed to carry their            
          burden.  Cf. First Natl. Bank of Omaha v. United States, 681 F.2d           
          534, 541-542 (8th Cir. 1982) (Masonic organization cannot be said           
          to be operated exclusively for charitable purposes); First Natl.            
          Bank in Dallas v. Commissioner, 45 F.2d 509 (5th Cir. 1930)                 
          (unrestricted bequests to Masonic organizations not organized               
          exclusively for charitable purposes did not qualify for                     
          charitable deduction); McReynolds v. Commissioner, 1 B.T.A. 815             






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