Charles A. and Marian L. Derby, et al. - Page 54




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          received was not confined to the cash payment for their tangible            
          assets.  They in addition received a package of valuable benefits           
          (above-median compensation, $35,000 "Physician Access Bonuses",             
          working conditions they preferred, etc.) that were not merely               
          incidental or akin to the benefits that inure to the general                
          public as a result of a charitable transfer.  See, e.g., Ottawa             
          Silica Co. v. United States, 699 F.2d 1124 (Fed. Cir. 1983);                
          Singer Co. v. United States, 196 Ct. Cl. 90, 449 F.2d 413 (1971).           
          Concededly, some elements of the consideration petitioners                  
          received may have been difficult to quantify, but this does not             
          mean these benefits can be disregarded in determining whether a             
          quid pro quo existed that defeats donative intent.  See, e.g.,              
          Transamerica Corp. v. United States, 902 F.2d 1540 (Fed. Cir.               
          1990) (donor-taxpayer's receipt back from donee of commercial               
          access rights to donated motion picture film negatives defeats              
          charitable deduction for value of negatives transferred); Singer            
          Co. v. United States, supra (benefit of possible increase in                
          future customers defeats charitable deduction for the value of              
          discounts given to public schools purchasing taxpayer's sewing              
          machines).                                                                  
               Petitioners argue that any consideration they purportedly              
          received in the transaction representing the "value of their post-          
          contribution employment relationship" with SMF must be disregarded          
          because "that value is already taken into consideration in the              







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