119 T.C. No. 9 UNITED STATES TAX COURT GERALD A. AND HENRIETTA V. RAUENHORST, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 1982-00. Filed October 7, 2002. Ps owned stock warrants in NMG. WCP sent a letter to NMG regarding its intention to purchase all the issued and outstanding stock of NMG. Ps then assigned their warrants to four charitable institutions. At the time of the assignments, the donees were under no legal obligation, and could not be compelled, to sell the warrants. The donees subsequently sold their warrants to WCP. R determined that the contributions by Ps were anticipatory assignments of income. Ps moved for partial summary judgment arguing that the anticipatory assignment of income doctrine does not apply where donees are not legally obligated, and cannot be compelled, to sell contributed property. Ps rely on Rev. Rul. 78-197, 1978-1 C.B. 83. R argues that he is not bound by his ruling but has neither withdrawn nor modified that ruling. Held: Rev. Rul. 78-197, supra, provides that, in the case of a charitable contribution of stock, the Internal Revenue Service will treat proceeds of thePage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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