Charles T. McCord, Jr. and Mary S. McCord, Donors - Page 27

                                       - 115 -                                        
               More importantly, we declined to give effect to the gift               
          adjustment agreement.  We noted that honoring the adjustment                
          agreement would run counter to the policy concerns articulated in           
          Commissioner v. Procter, supra.  Ward v. Commissioner, supra at             
          113.  We also concluded that upholding the adjustment agreement             
          would result in unwarranted interference with the judicial                  
          process, stating:                                                           
                    Furthermore, a condition that causes a part of a                  
               gift to lapse if it is determined for Federal gift tax                 
               purposes that the value of the gift exceeds a given                    
               amount, so as to avoid a gift tax deficiency, involves                 
               the same sort of “trifling with the judicial process”                  
               condemned in Procter.  If valid, such condition would                  
               compel us to issue, in effect, a declaratory judgment                  
               as to the stock’s value, while rendering the case moot                 
               as a consequence.  Yet, there is no assurance that the                 
               petitioners will actually reclaim a portion of the                     
               stock previously conveyed to their sons, and our                       
               decision on the question of valuation in a gift tax                    
               suit is not binding upon the sons, who are not parties                 
               to this action.  The sons may yet enforce the gifts.                   
               [Id. at 114.]                                                          

               Here, CFT receives no benefit from the Court-determined                
          increase in the value of the subject property, but petitioners              
          benefit in that they are entitled to an additional charitable               
          deduction.  As was true in Commissioner v. Procter, supra, the              
          possibility of an increased charitable deduction serves to                  
          discourage respondent from collecting tax on the transaction                
          because any attempt to enforce the tax due on the transaction is            
          of no advantage to the fisc.                                                









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