Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 375

                                                -431-                                                   
           December 27, 1982, letter stated:  “THC will pay its note to                                 
           Kanter, who will, in turn, see to providing these funds to JUF.”                             
                 In a letter to Kanter dated December 30, 1982, JUF                                     
           acknowledged its receipt of the THC promissory note.  The                                    
           December 30, 1982, letter further stated that “This note has been                            
           assigned by you to * * * JUF as a charitable contribution, and we                            
           are pleased to accept it as such.”                                                           
                 On February 28, 1983, THC paid to Kanter the full $15,000 in                           
           principal due on the promissory note, plus interest of $370.  On                             
           that same date, Kanter then paid $15,000 to JUF by issuing to JUF                            
           his own $15,000 check.  Kanter did not pay over to JUF the $370                              
           in interest he received on the THC promissory note.                                          
                 On their 1982 income tax return, the Kanters claimed a                                 
           $15,000 charitable deduction for Kanter’s contribution to JUF.                               
           On their 1983 income tax return, the Kanters reported the $370 in                            
           interest THC paid on the THC note as interest income.  Respondent                            
           disallowed the $15,000 JUF charitable contribution deduction                                 
           claimed by the Kanters.                                                                      
                                               OPINION                                                  
           A.  The Parties’ Arguments                                                                   
                 Petitioners contend they are entitled to a charitable                                  
           contribution deduction for 1982 of at least $14,700, which they                              
           maintain was the THC promissory note’s fair market value on the                              
           date of its contribution to JUF in December 1982.  Petitioners                               




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