Estate of Frank Armstrong, Jr., Deceased, Frank Armstrong III, Executor - Page 33




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          “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 deduction               






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