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increase is significant to the fisc (as well as to most people in
general) notwithstanding that it may constitute a small
percentage of the aggregate taxable gift as found by the
majority.2 I know of no principle of tax law (nor has the
majority cited one) that provides that an adjustment otherwise
required by the tax law is inappropriate when it is a small
percentage of a base figure such as aggregate taxable gifts.
2. Increased Charitable Deduction Is Against Public Policy
Allowing petitioners to deduct as a charitable contribution
the increase in value determined by the Court is against public
policy and is plainly wrong. No one disputes that CFT will never
benefit from the approximately $45,000 that each petitioner is
entitled to deduct as a charitable contribution pursuant to the
majority opinion. Nor does anyone dispute that the only persons
benefiting from the increased value are petitioners and that the
only one suffering any detriment from the increased value is the
fisc. I do not believe that Congress intended that individuals
such as petitioners be entitled to deduct charitable
contributions for amounts not actually retained by a charity.
See Hamm v. Commissioner, T.C. Memo. 1961-347 (charitable
contribution under sec. 2522 requires “a reasonable probability
2 The majority does not state what the $90,011 is less than
1 percent of. I believe the majority is referring to the
relationship of the $90,011 to the aggregate taxable gift as
found by the majority.
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