Rhett Rance Smith and Alice Avila Smith, et al. - Page 30




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          designed to hold interests in Beneco, which were to be                      
          contributed to the FLPs by petitioners.  The issues concerning              
          these contributions are whether petitioners complied with the               
          reporting requisites of section 170 and underlying regulations so           
          as to be entitled to the charitable contribution deductions.  If            
          we find that petitioners complied with those requisites, we will            
          go on to consider the values of the interests contributed in                
          order to decide the amounts of any allowable charitable                     
          contribution deductions.                                                    
               Section 170(a)(1) provides:                                            
               There shall be allowed as a deduction any charitable                   
               contribution * * * payment of which is made within the                 
               taxable year.  A charitable contribution shall be                      
               allowable as a deduction only if verified under                        
               regulations prescribed by the Secretary.                               
          If the contribution consists of property other than cash, the               
          value of the contribution is generally the fair market value of             
          the donated property at the time of contribution.  Sec. 1.170A-             
          1(c)(1), Income Tax Regs.                                                   
               Respondent argues that petitioners are not entitled to the             
          noncash charitable contribution deductions claimed because they             
          failed to comply with the reporting requirements of section 170             
          and the underlying regulations.  Petitioners acknowledge that               
          they failed to fully comply with some of the requirements for               
          noncash charitable contribution deductions.  Petitioners argue,             
          however, that they are nevertheless entitled to the deductions              







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