Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 376

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           assert:  “While a small discount for the fact that the note was                              
           not to be paid until several months after the date of                                        
           contribution is perhaps required, there is no basis for                                      
           disallowing the entire contribution.”  Petitioners submit that,                              
           given the interest rates at the time (as reflected in the IRS’s                              
           applicable Federal rates, as well as the 12-percent interest rate                            
           set in the note itself), the 1982 deduction should be discounted                             
           not more than $300.                                                                          
                 Respondent contends the Kanters are not entitled to a                                  
           charitable contribution deduction for 1982 because:  (1) There                               
           was no endorsement of the THC promissory note by Kanter to JUF,                              
           and (2) the Kanters failed to establish the note’s fair market                               
           value as of the date of its purported contribution to JUF in late                            
           1982.                                                                                        
           B.  The STJ Report                                                                           
                 The STJ report recommended holding that the Kanters are                                
           entitled to a charitable contribution deduction of $14,630 for                               
           1982 related to the JUF transaction.  We reject the                                          
           recommendation in the STJ report because it is erroneous as a                                
           matter of law.                                                                               
           C.  Analysis                                                                                 
                 Section 170(a) generally provides that a deduction is                                  
           allowed for a charitable contribution, payment of which is made                              
           within the taxable year.  Payment to a charity generally occurs                              






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