Michael and Marla Sklar - Page 25

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          to their children was an intangible religious benefit as defined            
          in those sections, and (3) their tuition payments are deductible            
          to the extent that the payments exceed the value of the secular             
          education their children received.11  Petitioners also contend              
          that they need not show that they intended to make a gift or                
          contribution to Emek and Yeshiva Rav Isacsohn.                              
                    c.   Analysis                                                     
               We disagree.  Congress did not change what is deductible               
          under section 170 in these 1993 statutory changes.  Neither                 
          sections 170(f)(8) and 6115 nor the accompanying legislative                
          history suggests that Congress intended to expand the types of              
          payments that are deductible as charitable contributions under              




               11  Petitioners aver:                                                  
                    if a taxpayer pays $100 to his church and                         
                    receives in return a book that could be                           
                    purchased in any bookstore for $20 plus the                       
                    right to sit in a certain pew at the church,                      
                    $80 is deductible as a charitable                                 
                    contribution to the church, regardless of                         
                    whether having the right to sit in that pew                       
                    is worth $80 or more to the taxpayer, because                     
                    that right is only an intangible religious                        
                    benefit.  Similarly here, to the extent                           
                    petitioners’ dual payments to the schools                         
                    exceeded the value of the secular studies                         
                    they purchased, those payments are deductible                     
                    as charitable contributions notwithstanding                       
                    that petitioners received religious                               
                    educations for their children worth that                          
                    excess, because those religious educations                        
                    are only intangible religious benefits.                           





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