- 34 - Affairs and Counsel of the University, to be evasive in certain material respects during his testimony. In addition, we some- times had serious reservations as to whether Mr. Hart was testi- fying from personal knowledge. As for Ms. Ary, Vice President for Advancement of the University, she did not begin working for the University until around 1993, a few years after the transac- tion in question. She testified that it was her “understanding” that petitioners had made a “gift” to the University in 1991 and that she obtained that “understanding” from Mr. Hart, a witness on whose testimony we generally are unwilling to rely. As for petitioners’ reliance on labels, such as the label “gift”, it is the substance of what transpired with respect to the cancellation of MHR Properties’ St. Clair property interests that is determinative for tax purposes, not the labels or termi- nology employed. See, e.g., Frank Lyon Co. v. United States, 435 U.S. 561, 573 (1978); Helvering v. F. & R. Lazarus & Co., 308 U.S. 252, 255 (1939); Gregory v. Helvering, 293 U.S. 465, 469 (1935). Consequently, we reject petitioners’ reliance on labels to support their position under section 170. Petitioners’ position that they are entitled to a charitable contribution deduction as a result of the cancellation of MHR Properties’ St. Clair property interests rests on the following contentions that they advance on brief: (1) Petitioners, as the 8(...continued) under sec. 170.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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