Charles T. McCord, Jr. and Mary S. McCord, Donors - Page 93

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          question of whether a charitable donee will ever receive gifted             
          property; Commissioner v. Procter, 142 F.2d 824 (4th Cir. 1944),            
          applying public policy principles to the question of whether                
          abusive valuation or adjustment clauses are to be respected.                
               With regard to Judge Foley’s criticism of these doctrines,             
          see dissenting op. pp. 94-95, 107-108, I would suggest that the             
          reasonable probability and public policy doctrines should not be            
          confined to stale factual situations involved in old cases.  To             
          the contrary, these doctrines live and breathe and have a life              
          that should be broad and flexible enough to apply to contemporary           
          and overly aggressive gift and estate tax planning (such as that            
          involved herein)--particularly where charity is involved.                   
               With regard further to the nature or extent of the gift to             
          charity involved herein, I would emphasize that not “all” of                
          petitioners’ MIL partnership interest was transferred.                      
          Respondent argues that “all” of petitioners’ MIL partnership                
          interest was transferred, but petitioners contend otherwise, and            
          the majority opinion concludes that something less than all of              
          petitioners’ interest in the MIL partnership was transferred                
          (namely, only an “assignee” interest was transferred).  See                 
          majority op. pp. 19-24.  In light of the majority’s conclusion in           
          that regard, had respondent argued in the alternative that the              
          “partial interest” gift rules of section 2522(c)(2) and section             
          25.2522(c)-3(c), Gift Tax Regs., were applicable to petitioners’            






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