Gerald A. and Henrietta V. Rauenhorst - Page 2




                                        - 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

Last modified: May 25, 2011