John C. and Tate M. Todd - Page 9




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               SEC. 170.  CHARITABLE, ETC., CONTRIBUTIONS AND GIFTS.                  
               (a)  Allowance of Deduction.--                                         
                    (1) General rule.–-There shall be allowed as a                    
                    deduction any charitable contribution * * *                       
                    payment of which is made within the taxable year.                 
                    A charitable contribution shall be allowable as a                 
                    deduction only if verified under regulations                      
                    prescribed by the Secretary.                                      
               In pertinent part, section 170(e) provides:                            
                    SEC. 170(e).  Certain Contributions of Ordinary                   
               Income and Capital Gain Property.--                                    
                    (1)  General rule.–-The amount of any                             
                    charitable contribution of property otherwise                     
                    taken into account under this section shall be                    
                    reduced by the sum of–-                                           
                           *  *   *   *   *   *   *                                   
                    (B) in the case of a charitable contribution--                    
                           *  *   *   *   *   *   *                                   
                           (ii) to or for the use of a private                        
                           foundation (as defined in section 509(a)),                 
                           other than a private foundation described                  
                           in subsection (b)(1)(E),                                   
                    the amount of gain which would been long-term                     
                    capital gain if the property contributed had                      
                    been sold by the taxpayer at its fair market                      
                    value (determined at the time of such                             
                    contribution).                                                    
                           *  *   *   *   *   *   *                                   
               (5)  Special rule for contributions of stock                           
                    for which market quotations are readily                           
                    available.--                                                      
                           (A) In general.–-Subparagraph (B)(ii)                      
                           of paragraph (1) shall not apply to any                    
                           ontribution of qualified appreciated stock.                






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