Gerald A. and Henrietta V. Rauenhorst - Page 12




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          beneficiary.  The taxpayer then transferred shares of stock that            
          he owned directly to the foundation so that it held 80 percent of           
          the issued and outstanding shares of the corporation.  Finally,             
          the board of directors and the shareholders of the corporation              
          approved the redemption of the foundation’s stock in exchange for           
          the operating assets of the college.                                        
               The Commissioner argued that there was an anticipatory                 
          assignment of the proceeds of the redemption.  We disagreed and             
          held that neither the anticipatory assignment of income doctrine            
          nor the step transaction doctrine was applicable.  Id. at 693.              
          We noted that “Even though the donor anticipated or was aware               
          that the redemption was imminent, the presence of an actual gift            
          and the absence of an obligation to have the stock redeemed have            
          been sufficient to give such gifts independent significance.”               
          Id. (citing Carrington v. Commissioner, supra; DeWitt v. United             
          States, 503 F.2d 1406 (Ct. Cl. 1974); and Sheppard v. United                
          States, 176 Ct. Cl. 244, 361 F.2d 972 (1966)).  We held:                    
               When the foundation received the gift of stock from the                
               petitioner, no vote for the redemption had yet been                    
               taken.  Although we recognize that the vote was                        
               anticipated, nonetheless, under the Hudspeth reasoning,                
               that expectation is not enough.  We have found that the                
               foundation was not a sham, was not an alter ego of the                 
               petitioner, and that it received his entire interest in                
               the 238 shares of the corporation stock.  On the same                  
               day, it acquired enough shares of stock from the trust                 
               to hold in the aggregate 80 percent of the outstanding                 
               shares of the corporation.  Thereafter, the foundation                 
               voted for the redemption.  It did so because the                       
               redemption was in its interest.  At the time of the                    
               gift, that vote had not yet been taken, and by the                     





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