- 7 - OPINION The issue for decision is the fair market value of the donated Los Angeles and Chicago newspapers for purposes of determining the proper amount of petitioners’ charitable contribution deductions. The parties agree that petitioners are entitled to a charitable contribution deduction for one-half the value of the newspapers; however, the parties disagree as to the appropriate market to be used and the fair market value of the newspapers. Section 170 allows an individual to deduct charitable contributions, subject to certain percentage limitations, with a carryover of any excess contributions. See sec. 170(a), (b), (d). If a charitable contribution is made in property other than money, the amount of the taxpayer’s contribution is the fair market value of the property at the time of the contribution. See sec. 1.170A-1(c), Income Tax Regs. Section 1.170A-1(c)(2), Income Tax Regs., defines 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 both having a reasonable knowledge of relevant facts.” The fair market value of donated property as of a given date is a question of fact to be determined from the entire record. See Goldstein v. Commissioner, 89 T.C. 535, 544 (1987); Skripak v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011