- 41 - 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.Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 NextLast modified: March 27, 2008