Charles A. and Marian L. Derby, et al. - Page 58




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          transaction with SMF was less than the value of what they                   
          transferred.  Thus they have not shown that the transfers of the            
          intangible assets of their medical practices were without adequate          
          consideration.  "The sine qua non of a charitable contribution is           
          a transfer of money or property without adequate consideration."            
          United States v. Am. Bar Endowment, 477 U.S. at 118; see also               
          Transamerica Corp. v. United States, 902 F.2d at 1545-1546.36               
               B.  Respondent's Duty of Consistency                                   
               Petitioners also argue that the Commissioner has previously            
          taken the position in rulings and other guidance covering similar           
          transfers of group medical practice assets to nonprofit health              
          care organizations that charitable contribution deductions for the          
          transferors are appropriate and that respondent is therefore bound          
          to follow that position in this case.  Petitioners cite the                 
          Friendly Hills determination letter and several of the                      
          Commissioner's annual Exempt Organizations Continuing Professional          
          Education Technical Instruction Program manuals (instruction                
          manuals) wherein the Commissioner indicated that a section                  
          501(c)(3) organization could acquire the assets of a group medical          
          practice through purchase or through a charitable donation by the           
          group's physicians without jeopardizing the acquiring                       

               36 Because we conclude that petitioners have failed to                 
          demonstrate that they transferred property worth more than what             
          they received in return, we do not decide whether the claimed               
          deductions should be denied because petitioners failed to comply            
          with the requirements of sec. 1.170A-13, Income Tax Regs., and              
          sec. 170(f)(8).                                                             





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