Sherrel and Leslie Stephen Jones - Page 8




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          Bank of Commmerce, 472 U.S. 713, 722 (1985); United States v.               
          Mitchell, 403 U.S. 190, 197 (1971).  State law creates legal                
          interests, while Federal law determines when and how those                  
          interests shall be taxed.  United States v. Mitchell, supra at              
          197.  In order to make a valid gift for Federal tax purposes, a             
          transfer must at least effect a valid gift under the applicable             
          State law.  See Woodbury v. Commissioner, 49 T.C. 180, 193-194              
          (1967).                                                                     
               In the case of a valid gift, the amount of an otherwise                
          allowable deduction for the charitable contribution of property             
          that would produce ordinary income if sold at its fair market               
          value is limited to the donor’s cost or basis in the contributed            
          property.  Sec. 170(e)(1)(A); Chronicle Publg. Co. v.                       
          Commissioner, 97 T.C. 445, 447-448 (1991).                                  
               We thus first consider whether petitioner owned the                    
          materials donated such that he was capable of making a valid gift           
          under the law of the State of Oklahoma.  In determining what the            
          relevant State law is, that State’s highest court is the best               
          authority on its own law.  Commissioner v. Estate of Bosch, 387             
          U.S. 456, 465 (1967).  Under Oklahoma law, three elements must be           
          present in order to effect a valid inter vivos gift:  First, the            
          donor must possess a donative intent; second, actual delivery of            
          the subject matter of the gift must be completed; and, third, the           
          donor must strip himself of all ownership and dominion over the             







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