Charles T. McCord, Jr. and Mary S. McCord, Donors - Page 94

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          gift to charity, it would appear that petitioners’ claimed                  
          charitable deduction herein would have been completely                      
          disallowable.  See the analysis below relating to the                       
          deductibility of gifts to charity of partial interests.                     

          The Gift                                                                    
               Petitioners formed MIL as a Texas family limited partnership           
          and made gifts of a portion of their interests therein by way of            
          an assignment agreement and a formula clause which, according to            
          petitioners and the majority opinion, transferred only assignee             
          interests in MIL to four levels of donees, generally as follows:            

               First and Second Level (Noncharitable) Donees:  Trusts for             
               the benefit of the donors’ four children (first level                  
               donees) to receive portions of the gifted interest and                 
               outright gifts to the donors’ four children (second level              
               donees) with an aggregate fair market value on the valuation           
               date up to $6,910,933;                                                 
               Third Level Donee:  If the fair market value of the gifted             
               interest exceeds $6,910,933, Symphony, a charitable donee,             
               to receive such excess up to a maximum value of $134,000;              
               Fourth Level Donee:  If the fair market value of the gifted            
               interest exceeds $7,044,933 ($6,910,933 plus $134,000), CFT,           
               also a charitable donee, to receive such excess without                
               limit.                                                                 

               Focusing on the gift to the fourth level charitable donee              
          (the gift to CFT), petitioners themselves allege (in order to               
          beef up the valuation discounts they seek) and the majority                 
          opinion finds, majority op. pp. 19-24, that the gifted MIL                  
          partnership interest transferred to CFT included only certain               





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