John C. and Tate M. Todd - Page 8




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          the Foundation in an amount equal to the fair market value of the           
          Bank stock in the amount of $553,847.”  Respondent denies that              
          averment and, on brief, argues that petitioners are not entitled            
          to the disallowed deductions because the shares were not                    
          “qualified appreciated stock”, as that term is defined in section           
          170(e)(5)(B).  Alternatively, respondent argues that petitioners            
          are entitled to no deduction on account of the transfer of the              
          shares to the foundation because petitioners failed to comply               
          with regulations requiring the substantiation of claimed                    
          charitable contributions.  Respondent does not, however, ask for            
          any increased deficiency in connection with his alternative                 
          argument (he has allowed a deduction of $33,338 for 1994).                  
               We agree with respondent that the shares were not qualified            
          appreciated stock.  We also agree with respondent that                      
          petitioners did not substantiate the transfer as required by                
          regulations.  Therefore, petitioners are not entitled to the                
          disallowed deductions.  After setting forth the relevant                    
          provisions of the Code and the regulations, we will discuss our             
          reasons for agreeing with respondent.                                       
          II.  Code and Regulations                                                   
               A.  Code                                                               
               In pertinent part, section 170(a)(1) provides:                         










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