Howard J. Kaplan and Brenda L. Kaplan, et al. - Page 40

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               complete conveyance.  TMC retains no interest in the                   
               improvements.  Conveyance of the improvements subject                  
               to a land lease has been recognized as a deductible                    
               charitable contribution.  Arbor Towers Associates, Ltd.                
               v. Commissioner, 1999 T.C.Memo 213.  The substance of                  
               this gift is substantially more than the right to use                  
               the improvements rent-free.  [Reproduced literally.]                   
               Petitioners’ argument fails to address the requirements of             
          Ohio law (discussed below) that must have been satisfied in order           
          to establish one of the essential elements of a bona fide inter             
          vivos gift with respect to KQC’s claimed noncash charitable                 
          contribution to TMC, viz, that KQC made an irrevocable transfer             
          to TMC of legal title to the improved property on Maple Street or           
          to any portion of such property.  On the record before us, we               
          reject petitioners’ argument that on December 31, 1999, KQC made            
          such an irrevocable transfer.                                               
               With respect to the bill of sale on which petitioners rely,            
          that bill of sale purports to convey to TMC all of KQC’s rights,            
          title, and interest in and to only the “improvements” on KQC’s              
          land, and not to KQC’s land itself.  With respect to the “im-               
          provements” to which the bill of sale referred, the parties                 
          dispute whether such “improvements” consisted of the 1958 school            
          building, as respondent maintains, or both the 1958 school                  
          building and the new building that TMC constructed on KQC’s land            
          with HHS’s grant funds, as petitioners maintain.  We need not               
          resolve that dispute.15  That is because, assuming arguendo that            

               15We note, however, that, when Mr. Matamoros prepared the              
                                                             (continued...)           




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