Charles T. McCord, Jr. and Mary S. McCord, Donors - Page 23

                                       - 111 -                                        
          assignment agreement is at odds with the interpretation given               
          that agreement by not only the trial Judge, but by both parties             
          as well.                                                                    
               The majority allows petitioners an increased charitable                
          contribution that would be disallowed under either the public               
          policy or integrated transaction doctrine.  In that both of these           
          doctrines are fundamental to a proper disposition of this case,             
          it is incumbent upon the Court to address one or both of them.              
          The majority inappropriately avoids discussion of these doctrines           
          by relying on the principle that the Court “may approve a                   
          deficiency on the basis of reasons other than those relied upon             
          by the Commissioner”.  Majority op. p. 64 note 47.  The majority,           
          however, fails to recognize that the majority is not approving              
          respondent’s deficiency in full but is rejecting a portion of it.           
          In fact, the majority even acknowledges that “the application of            
          respondent’s integrated transaction theory would result in an               
          initial increase in the amount of petitioners’ aggregate taxable            
          gift by only $90,011".   Id.  Whereas the majority attempts to              
          downsize the significance of a $90,011 adjustment by                        
          recharacterizing it as “only” and “less than 1 percent”, id., the           
          fact of the matter is that the dollar magnitude of a $90,011                

               1(...continued)                                                        
          “fair market value * * * incorrectly determined by the fiduciary”           
          to refer to an earlier determination of fair market value that is           
          inconsistent with the fair market value “finally determined for             
          Federal tax purposes”.                                                      







Page:  Previous  98  99  100  101  102  103  104  105  106  107  108  109  110  111  112  113  114  115  116  117  Next

Last modified: May 25, 2011