- 9 - no genuine issue as to any material fact relevant to the issues involved. Elec. Arts, Inc. v. Commissioner, 118 T.C. 226, 238 (2002). The moving party has the burden of proving that no genuine issue of material fact exists and that party is entitled to judgment as a matter of law. FPL Group, Inc. & Subs. v. Commissioner, 116 T.C. 73, 74-75 (2001). In all cases, the evidence must be viewed in the light most favorable to the nonmoving party. Bond v. Commissioner, 100 T.C. 32, 36 (1993). A partial summary adjudication may be made even though all the issues are not disposed of. Rule 121(b); Turner Broad. Sys., Inc. & Subs. v. Commissioner, 111 T.C. 315, 323-324 (1998). B. Charitable Contributions of Appreciated Property This case involves a charitable gift of appreciated property; namely, warrants to purchase stock at a set price.4 It is well established that “A gift of appreciated property does not result in income to the donor so long as he gives the property away absolutely and parts with title thereto before the property 4Charitable contributions of appreciated property typically give rise to a deduction equal to its fair market value; however, the deduction for capital gain property is generally limited to 30 percent of the taxpayer’s adjusted gross income. Sec. 170(a)(1), (b)(1)(C)(i), (F); sec. 1.170A-1(c)(1), Income Tax Regs. On their Form 1040, U.S. Individual Income Tax Return, for 1993, petitioners claimed a charitable deduction of $5,304,530 in accordance with a valuation report they submitted with their return. Respondent raises as an amendment to his answer an issue regarding the correct amount of the charitable deduction that petitioners claimed for 1993. Petitioners concede that issue cannot be decided on a summary judgment motion.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