Charles T. McCord, Jr. and Mary S. McCord, Donors - Page 98

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          life estate in the office building and where the decedent’s wife            
          is still living when the reversionary interest passes to charity.           
               Section 25.2522(c)-3(c)(1)(i), Example (3), Gift Tax Regs.,            
          treats as a partial interest a gift to charity of the right to              
          rental income from real property where the remaining interest in            
          the property is transferred to a noncharitable donee.                       
               Other authorities recognize and discuss the above general              
          rule under which charitable deductions are disallowed for gifts             
          to charity of partial interests.                                            
               In Stark v. Commissioner, 86 T.C. 243 (1986), we held that a           
          gift to the U.S. Forest Service of real property constituted a              
          partial interest where the donor retained a mineral interest in             
          the real property.  The gift to charity, however, of the partial            
          interest was deductible because the particular restricted mineral           
          interest retained by the taxpayer was not regarded as                       
          substantial.  In interpreting section 170(f)(3) for income tax              
          purposes, we stated that the partial interest rule “applies to              
          contributions [to charity] of less than the taxpayer’s entire               
          interest in property, including, but not limited to,                        
          contributions of the right to use property.”  Id. at 250.                   
               In Rev. Rul. 81-282, 1981-2 C.B. 78, it was held that a gift           
          to charity of corporate stock constituted a disallowed partial              
          interest where the donor retains the right to vote the gifted               
          stock (a gift not dissimilar from the gift to CFT of the                    






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