- 2 - sale of the stock as income to the donor only if at the time of the gift, the donee is legally bound, or can be compelled, to sell the shares. We treat Rev. Rul. 78- 197, supra, as a concession in the instant case. See Walker v. Commissioner, 101 T.C. 537 (1993). There remains no genuine issue of material fact regarding whether the charitable donees were legally obligated, or could be compelled, to sell the stock warrants at the time of the assignments by Ps. Accordingly, Ps are entitled to judgment as a matter of law. John K. Steffen, Walter A. Pickhardt, and David R. Brennan, for petitioners. David L. Zoss, for respondent. OPINION RUWE, Judge: The matter is before us on petitioners’ motion for partial summary judgment pursuant to Rule 121.1 Respondent determined a deficiency of $1,322,295 in petitioners’ Federal income taxes, and an accuracy-related penalty of $264,459 pursuant to section 6662(a), for 1993. The issue for decision is whether the transfer of stock warrants to four charitable institutions was an anticipatory assignment of the proceeds from a sale of those warrants. 1All section references are to the Internal Revenue Code in effect for the tax year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 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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