Robert E. Signom, II and Lola Signom - Page 34




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          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.                                                             




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