Charles T. McCord, Jr. and Mary S. McCord, Donors - Page 114

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          interests transferred to the charitable organizations.  There is            
          no factual, legal, or logical basis for this conclusion.                    
               A.   The Gift Was Complete on January 12, 1996                         
               The value of the transferred property and the amount of the            
          transferor’s charitable deduction are determined as of the date             
          the gift became complete.  Sec. 2512(a).  Pursuant to Texas law,            
          the transfer became complete on January 12, 1996, the date                  
          petitioners and the donees executed the assignment agreement.  In           
          fact, respondent states:                                                    
               It is undisputed that the January 12, 1996 Assignment                  
               Agreement was executed by competent donors, evidenced the              
               donors’ present intent to irrevocably divest themselves of             
               ownership of the partnership interests, delivered to the               
               partnership, and signed and accepted by donees competent to            
               receive such a transfer.  Accordingly, the Assignment                  
               Agreement effected the present transfer under Texas law of             
               beneficial and legal title to the partnership interests to             
               the donees. (Emphasis added.)                                          

               The Court, like petitioners and respondent, is bound by                
          section 2512(a), which requires us to value the property “at the            
          date of the gift” (emphasis added).  The charitable donees and              
          the amount allocated to them were specifically identified, and              
          thus ascertainable, upon the execution of the assignment                    
          agreement.  Respondent readily acknowledges, and petitioners                
          undoubtedly agree, that the January 12, 1996, assignment                    
          agreement was “signed and accepted by donees competent to receive           
          such a transfer.”  Yet, in determining the charitable deduction,            
          the majority rely on the confirmation agreement without regard to           





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