Sherrel and Leslie Stephen Jones - Page 22




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                    (3) a copyright, a literary, musical, or artistic                 
               composition, a letter or memorandum, or similar                        
               property, held by--                                                    
                         (A) a taxpayer whose personal efforts created                
                    such property, [or]                                               
                         (B) in the case of a letter, memorandum, or                  
                    similar property, a taxpayer for whom such                        
                    property was prepared or produced * * *                           
          Because the materials would fall under the exclusion of letters,            
          memoranda, or similar property created by the taxpayer’s own                
          efforts, if they had been created by the taxpayer’s own efforts             
          and were work product, we would be required to treat them as                
          ordinary assets.  Thus, even if petitioners could fall within the           
          minority work product exception to the general rule that a                  
          client’s case file legally belongs to the client, their allowable           
          deduction would be limited to their basis in the materials.                 
          Petitioners have presented no evidence that the basis in the                
          materials was greater than zero.  Thus, even if we held that                
          petitioner legally owned the materials under a work product                 
          exception, section 170(e)(1)(A) would limit petitioners’                    
          deduction to zero, the amount of petitioners’ basis.                        
               Because petitioner was not the legal owner of the materials,           
          he was not legally capable of divesting himself of the burdens              
          and benefits of ownership or effecting a valid gift of the                  
          materials.  He is therefore not entitled to any deduction under             
          section 170 for his donation of the materials.  Because the                 
          materials contain merely copies of documents and other items that           






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