- 33 - “motivated by a philanthropic impulse” or by an intention to “make a contribution to the United States.” Markham v. Commissioner, 39 B.T.A. 465, 471 (1939) (disallowing a charitable deduction claimed as a contribution for the use of the United States for moneys the taxpayer expended in obtaining evidence to be used in a criminal prosecution). Rather, the gift tax payments were made for the entirely private purpose of satisfying decedent’s gift tax liabilities. Just as “not every payment to an organization which qualifies as a charity is a charitable contribution”, Estate of Wood v. Commissioner, 39 T.C. 1, 6 (1962), not every payment to a governmental entity qualifies as a transfer for exclusively public purposes under section 2055(a)(1), cf. Continental Ill. Natl. Bank & Trust Co. v. United States, 185 Ct. Cl. 642, 403 F.2d 721 (1968) (“It seems to us that the word ‘public’ [as used in section 2055(a)(1)] * * * envisions gifts to domestic governmental bodies”); Osborne v. Commissioner, 87 T.C. 575 (1986) (disallowing a charitable deduction for a taxpayer’s transfers to a municipality of certain drainage facilities, to the extent the facilities improved his own property). The legislative history indicates that Congress intended the section 2055(a) deduction to apply only to donative transfers. Section 2055(a) originated in section 403(a)(3) of the Revenue Act of 1918, ch. 18, 40 Stat. 1098, which allowed a deductionPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011