- 7 - On November 10, 1992, petitioner sold the residence to the Foundation. The Foundation gave petitioner $250,000, and petitioner and his wife continued to live in the residence, rent- free for 3 years. On June 3, 1993, the Foundation transferred an additional $135,000 to petitioner. Respondent’s expert testified that on November 10, 1992, the present value of 3 years of rent was $111,371,2 and the present value of the additional $135,000 payment was $131,905. Thus, according to the uncontradicted testimony of respondent’s expert, on November 10, 1992, the fair market value of the residence was $535,000 and the present value of the $250,000 payment, the $135,000 payment, and the rent-free occupation of the residence was $493,276. Petitioner may be a substantial contributor only if the transfer to the Foundation exceeds $47,432, which is 2 percent of the total contributions received by the Foundation at or before the end of 1992 (i.e., $2,371,589). Sec. 507(d)(2)(A). Petitioner’s net transfer of $41,724 (i.e., the difference between the $535,000 fair market value of the residence and the $493,276 consideration received from the Foundation) was insufficient to make him a substantial contributor to the Foundation. At trial, respondent conceded that petitioner would not be a substantial contributor if the Court found that the 2 The present value was adjusted to take into account the value of the tenants’ payment of property taxes and insurance.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011