Sherrel and Leslie Stephen Jones - Page 21




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          to the attorney’s benefit.  Moreover, this argument by                      
          petitioners undermines their assertions as to the value of the              
          collection of copies and the amount of their charitable                     
          contribution deduction.  The appraisal of copied documents from             
          an attorney’s case file as if it contained originals or the only            
          set of documents, even if discounted by 50 percent because all              
          the documents were photocopies, and without regard to the                   
          existence of multiple sets of the copies, is a major defect in              
          the Payne appraisal.                                                        
               Finally, even if the materials were the work product of                
          petitioner such that he was potentially the legal owner of them,            
          petitioners would not be entitled to a charitable contribution              
          deduction for the donation of them.  The amount of any charitable           
          contribution of property otherwise taken into account for the               
          deduction under section 170(a) must be reduced by the amount of             
          gain that would not have been long-term capital gain (i.e., by              
          the amount of gain that would have been ordinary gain) if the               
          property contributed had been sold by the taxpayer at its fair              
          market value.  Sec. 170(e)(1)(A).  Thus, unless the materials               
          were long-term capital assets, petitioners’ deduction, if                   
          otherwise allowable, would be limited to their cost or basis in             
          the materials.  See id.  Section 1221(a)(3) specifically excludes           
          from the definition of “capital asset”:                                     








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