- 58 - 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).Page: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 NextLast modified: March 27, 2008