- 13 - quotations are published on a daily basis in a newspaper of general circulation throughout the United States. (If the market value of an issue of a security is reflected only on an interdealer quotation system, the issue shall not be considered to be publicly traded unless the special rule described in paragraph (c)(7)(xi)(B) of this section is satisfied.) III. Discussion A. Introduction Petitioners are not entitled to the disallowed deductions if the shares were not, on the transfer date, “qualified appreciated stock” (qualified appreciated stock), within the meaning of section 170(e)(5)(B). If the shares were not qualified appreciated stock, then, because there is no dispute that the shares were contributed to a private foundation (other than a private foundation described in section 170(b)(1)(E)), petitioners’ deduction on account of the transfer cannot exceed $33,338.1 Alternatively, petitioners are not entitled to the disallowed deductions if they are subject to, and failed to satisfy, the substantiation requirements set forth in section 1.170A-13(c)(2)(i), Income Tax Regs. (the substantiation requirements).2 1 There is no dispute that the shares were capital assets in petitioner’s hands and that his adjusted basis in the shares was $33,338. 2 Pursuant to sec. 1.170A-13(c)(1)(i), Income Tax Regs., if the substantiation requirements are not satisfied (and a (continued...)Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011