Michael Graham - Page 6




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          * * * is received by the foundation from such person.”  Sec.                
          507(d)(2)(A); Dupont v. Commissioner, 74 T.C. 498, 502 (1980).              
          Contributions are valued at their fair market value when received           
          by the foundation.  Sec. 507(d)(2)(B)(i); sec. 1.507-6(c)(2),               
          Income Tax Regs.                                                            
               Respondent contends that the sale was completed on November            
          10, 1992, for $250,000; the difference between the fair market              
          value of the residence and the consideration petitioner received            
          for such residence was a contribution to the Foundation; and, as            
          a result, petitioner is a substantial contributor to the                    
          Foundation, liable for first- and second-tier excise taxes                  
          pursuant to section 4941.  Petitioner contends that he lacked               
          donative intent and, thus, was not a substantial contributor.               
          Petitioner further contends that the consideration for the sale             
          included the initial $250,000, the subsequent payment of                    
          $135,000, and 3 years of rent-free occupation of the residence.             
               We agree with the bankruptcy court and respondent that the             
          sale was completed on November 10, 1992, when the residence was             
          transferred to the Foundation.  We, however, agree with                     
          petitioner that the consideration for the sale included the                 
          initial payment made on November 10, 1992, the subsequent payment           
          made on June 3, 1993, and the 3-year period of rent-free                    
          occupation of the residence.                                                








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