John C. and Tate M. Todd - Page 7




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          Respondent’s Adjustments                                                    
               In determining the deficiencies here in question, respondent           
          disallowed all of the deductions claimed by petitioners on                  
          account of the transfer except for $33,338 (petitioner’s cost               
          basis in the shares), which respondent allowed for 1994.                    
          Respondent explained his disallowance on the basis that                     
          petitioners had failed to establish that any of the amounts                 
          disallowed met the requirements of section 170, which allows a              
          deduction for charitable contributions.                                     

                                       OPINION                                        
          I.  Introduction                                                            
               On December 27, 1994 (the transfer date), petitioner                   
          transferred 6,350 shares of Bancorp (the shares) to the                     
          foundation, claiming charitable contribution deductions on                  
          account thereof on petitioners’ 1994 through 1997 income tax                
          returns.  Respondent disallowed all those deductions except that            
          he allowed a charitable contribution deduction equal to                     
          petitioner’s cost basis in the shares, $33,338, for 1994.                   
          Petitioners have assigned error to respondent’s determination of            
          deficiencies to the extent that respondent disallowed                       
          petitioners’ claimed charitable deductions (the disallowed                  
          deductions).  In support of their assignment of error,                      
          petitioners aver:  “Pursuant to I.R.C. �� 170(a) and 170(e)(5)(A)           
          and (B), Petitioners properly took the charitable deduction to              





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