Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 377

                                                -433-                                                   
           when the donee relinquishes control over the property to the                                 
           donee.  See, e.g., Goldstein v. Commissioner, 89 T.C. 535, 542                               
           (1988).                                                                                      
                 The record shows that Kanter did not make a payment to JUF                             
           during 1982.  In short, THC forwarded to JUF a $15,000 promissory                            
           note payable to Kanter along with a letter which stated:  “THC                               
           will pay its note to Kanter, who will, in turn, see to providing                             
           these funds to JUF.”  In accordance with this letter, THC paid                               
           $15,370 to Kanter in February 1983, and Kanter forwarded $15,000                             
           to JUF at that time.                                                                         
                 On these facts, it is evident Kanter did not endorse the                               
           promissory note over to JUF during 1982 or otherwise relinquish                              
           control of the promissory note to JUF at any time.  In the                                   
           absence of a payment to JUF during 1982 within the meaning of                                
           section 170(a), it follows that the Kanters are not entitled to a                            
           charitable contribution deduction for 1982.  Nevertheless, Kanter                            
           did make a $15,000 charitable contribution to JUF during 1983,                               
           and, thus, the Kanters are entitled to a deduction for that year,                            
           subject to the adjusted gross income limitations of section                                  
           170(b).                                                                                      












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