Charles A. and Marian L. Derby, et al. - Page 41




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          would result in future increases in sales); Murphy v.                       
          Commissioner, 54 T.C. 249, 254 (1970) (no charitable contribution           
          deduction for payment to effect adoption of child).                         
               The Supreme Court has further instructed that in                       
          ascertaining whether a given payment or property transfer was               
          made with the expectation of any return benefit or quid pro quo,            
          we are to examine the external, structural features of the                  
          transaction, which obviates the need for imprecise inquiries into           
          the motivations of individual taxpayers.  Hernandez v.                      
          Commissioner, supra at 690-691.  In Hernandez, where the Supreme            
          Court found a lack of donative intent in the taxpayers' payments            
          to the Church of Scientology for certain "auditing" and training            
          sessions, the external features cited by the Court included the             
          church's establishment of fixed price schedules for the sessions,           
          calibrated to length and level of sophistication; the provision             
          of refunds if session services went unperformed; and the                    
          categorical prohibition on providing the sessions for free.                 
          These external features revealed the "inherently reciprocal                 
          nature of the exchange" involving the payments and the services             
          provided by the church.  A taxpayer who receives or expects to              
          receive a benefit in return for a purported contribution may                
          nonetheless be allowed a deduction if the money or property                 
          transferred clearly exceeds the benefit received and the excess             
          is given with the intent to make a gift.                                    







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