The Tax Law of Charitable Giving
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Bruce R. Hopkins. The Tax Law of Charitable Giving
Table of Contents
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the tax law of charitable giving
Preface
Book Citations
CHAPTER ONE Charitable Giving Law: Basic Concepts
§ 1.1 INTRODUCTION TO CHARITABLE CONTRIBUTION DEDUCTION
§ 1.2 DEFINING TAX-EXEMPT ORGANIZATIONS
§ 1.3 CHARITABLE ORGANIZATIONS LAW PHILOSOPHY
(a) Public Policy and National Heritage
(b) Other Rationales
(c) Freedom of Association
§ 1.4 STATISTICAL PROFILE OF CHARITABLE SECTOR
§ 1.5 HISTORY OF CHARITABLE CONTRIBUTION DEDUCTION
§ 1.6 CHARITABLE CONTRIBUTION DEDUCTION REFORM PROPOSALS
NOTES
CHAPTER TWO Fundamental Concepts
§ 2.1 DEFINITION OF GIFT
(a) Perspectives
(b) Availability of Charitable Deduction
(c) Quid Pro Quo Situations
(d) Incidental Benefits
(e) Requirement of Transfer of Value
(f) Requirement of Donor Ownership
(g) Donor Recognition
(h) Anticipatory Income Assignments
(i) Rebate Plans
(j) Dividends Paid to Charitable Organizations
(k) Requirement of Completion
(l) Employee Hardship Programs
(m) Mandatory Payments
§ 2.2 DEFINITION OF DONOR
§ 2.3 DEFINITION OF CHARITABLE ORGANIZATION
(a) Overview of Law
(b) Charitable Organizations—Criteria
§ 2.4 PUBLIC CHARITIES AND PRIVATE FOUNDATIONS
(a) Public Charitable Organizations
(b) Other Nonprivate Foundations
(c) Private Foundations
§ 2.5 UNRELATED BUSINESS LAW
(a) Overview of Law
(b) Definition of Trade orBusiness
(c) Regularly Carried On Rule
(d) Concept of Unrelated Business
(e) Unrelated Business Taxable Income
(f) Exempted Activities
(g) Exempted Income
(h) Bucketing Rule
§ 2.6 FACTORS AFFECTING INCOME TAX DEDUCTIBILITY OF CHARITABLE GIFTS
§ 2.7 CHARITABLE ORGANIZATIONS LISTING RELIANCE RULES
(a) IRS's Searchable Databases
(b) Charitable Status Reliance Rules
(c) Safe Harbor Rules as to Public Charity Status
§ 2.8 GRANTOR TRUST LAW
NOTES
CHAPTER THREE Contributions of Money and Property
§ 3.1 CONTRIBUTIONS OF MONEY
§ 3.2 CONTRIBUTIONS OF PROPERTY IN GENERAL
§ 3.3 CONTRIBUTIONS OF LONG-TERM CAPITAL GAIN PROPERTY IN GENERAL
§ 3.4 CONTRIBUTIONS OF ORDINARY INCOME PROPERTY
(a) Definition of Ordinary Income Property
(b) Deduction Reduction Rules
(c) Special Rules of Inapplicability
§ 3.5 CERTAIN CONTRIBUTIONS OF CAPITAL GAIN PROPERTY
(a) General Deduction Reduction Rule
(b) Qualified Appreciated Stock
§ 3.6 CONTRIBUTIONS OF PROPERTY FOR UNRELATED USE
(a) Special Rule
(b) Definition of Unrelated Use
(c) Recapture of Deduction
§ 3.7 STEP TRANSACTION DOCTRINE
§ 3.8 CHARITABLE PLEDGES
NOTES
CHAPTER FOUR Timing of Charitable Deductions
§ 4.1 OVERVIEW OF LAW
§ 4.2 CONTRIBUTIONS OF MONEY IN GENERAL
§ 4.3 CONTRIBUTIONS OF MONEY BY CHECK
§ 4.4 CONTRIBUTIONS OF MONEY BY CREDIT CARD
§ 4.5 CONTRIBUTIONS OF MONEY BY TELEPHONE
§ 4.6 CONTRIBUTIONS OF SECURITIES
§ 4.7 CONTRIBUTIONS OF COPYRIGHT INTEREST
§ 4.8 CONTRIBUTIONS BY MEANS OF NOTES
§ 4.9 CONTRIBUTIONS BY LETTERS OF CREDIT
§ 4.10 CONTRIBUTIONS OF PROPERTY SUBJECT TO OPTION
§ 4.11 CONTRIBUTIONS OF STOCK OPTIONS
§ 4.12 CONTRIBUTIONS OF CREDIT CARD REBATES
§ 4.13 CONTRIBUTIONS OF TANGIBLE PERSONAL PROPERTY
§ 4.14 CONTRIBUTIONS OF REAL PROPERTY
§ 4.15 CONTRIBUTIONS OF EASEMENTS
§ 4.16 CONTRIBUTIONS BY C CORPORATIONS
§ 4.17 CONTRIBUTIONS BY S CORPORATIONS
§ 4.18 CONTRIBUTIONS BY PARTNERSHIPS
§ 4.19 CONTRIBUTIONS BY MEANS OF THE INTERNET
NOTES
CHAPTER FIVE Limitations on Annual Deductibility
§ 5.1 OVERVIEW OF LAW
(a) Nature of Contribution
(b) Tax Law Classification of Donee
(c) Other Limitation Rules
§ 5.2 INDIVIDUALS' CONTRIBUTION BASE
§ 5.3 CORPORATIONS' TAXABLE INCOME
§ 5.4 PERCENTAGE LIMITATIONS: AN OVERVIEW
(a) General Rules
(b) Carryover Rules
§ 5.5 SIXTY PERCENT LIMITATION
§ 5.6 FIFTY PERCENT LIMITATION
(a) General Rules
(b) Carryover Rules
§ 5.7 THIRTY PERCENT LIMITATION FOR GIFTS OF CERTAIN PROPERTY
(a) General Rules
(b) Carryover Rules
§ 5.8 ELECTABLE 50 PERCENT LIMITATION
(a) General Rules
(b) Timing of Election
§ 5.9 GENERAL 30 PERCENT LIMITATION
(a) General Rules
(b) Carryover Rules
§ 5.10 INTERPLAY OF 50 PERCENT/SPECIAL 30 PERCENT LIMITATIONS
§ 5.11 INTERPLAY OF 50 PERCENT/GENERAL 30 PERCENT LIMITATIONS
§ 5.12 INTERPLAY OF SPECIAL 30 PERCENT/GENERAL 30 PERCENT LIMITATIONS
§ 5.13 TWENTY PERCENT LIMITATION
(a) General Rules
(b) Carryover Rules
§ 5.14 QUALIFIED CONSERVATION CONTRIBUTION LAW
§ 5.15 CONSERVATION GIFTS BY FARMERS AND RANCHERS
§ 5.16 GIFTS FOR THE USE OF CHARITY
§ 5.17 BLENDING PERCENTAGE LIMITATIONS
§ 5.18 RULES FOR SPOUSES
§ 5.19 INFORMATION REQUIREMENTS
§ 5.20 PERCENTAGE LIMITATION FOR CORPORATIONS
(a) General Rules
(b) Carryover Rules
(c) Conservation Contribution Law
(d) Food Inventory Contribution Law
NOTES
CHAPTER SIX Estate and Gift Law
§ 6.1 OVERVIEW OF LAW
§ 6.2 FEDERAL GIFT TAX
(a) Definition of Gift
(b) Imposition of Gift Tax
(c) Covered Transfers and Property
(d) Powers of Appointment
(e) Transfers Deemed Not Gifts
(f) Taxable Gifts
(g) Exclusions from Taxable Gift
(h) Annual Exclusion
(i) Valuation of Gift Transfers
(j) Basis of Gifted Property
(k) Charitable Contribution Deduction
(l) Liability for Gift Tax
(m) Split Gifts between Spouses
(n) Disclaimers
(o) Gift Tax Rates
§ 6.3 FEDERAL ESTATE TAX
(a) Gross Estate
(b) Taxable Estate
(c) Charitable Contributions by Estates
(d) Charitable Contribution Deduction
(e) Time of Valuation of Gross Estate
(f) Basis of Transferred Property
§ 6.4 UNIFICATION OF TAXES
§ 6.5 REMAINDER INTERESTS
(a) In General
(b) Will Contests
(c) Reformations
§ 6.6 ASCERTAINABILITY OF VALUE OF CHARITABLE INTEREST
NOTES
CHAPTER SEVEN Unique Charitable Contribution Laws
§ 7.1 WORKS OF ART
(a) Gifts of Art in General
(b) Gifts of Fractional Interests
(c) Loans of Art
§ 7.2 GEMS
§ 7.3 INVENTORY
(a) Overview of Law
(b) Restrictions on Use
(c) Restrictions on Transfer of Contributed Property
(d) Requirements of Written Statement(s)
(e) Compliance with Food, Drug, and Cosmetic Act
(f) Amount of Reduction
(g) Recapture Excluded
(h) Special Law for Food Inventory
§ 7.4 SCIENTIFIC RESEARCH PROPERTY
§ 7.5 LICENSE TO USE PATENT
(a) IRS-Posited Factual Situations
(b) Law and Analysis
§ 7.6 EASEMENTS AND OTHER CONSERVATION PROPERTY
(a) Qualified Real Property Interests
(b) Qualified Donee Organizations
(c) Conservation Purpose
(d) Requirement of Exclusivity
(e) Baseline Documentation
(f) Relationship to Rehabilitation Tax Credit
(g) Donative Intent
§ 7.7 S CORPORATION STOCK277
(a) Overview of Law
(b) Gifts from Donor's Perspective
(c) Gifts from Donee's Perspective
§ 7.8 SECTION 306 STOCK
§ 7.9 RETIREMENT PLAN ACCOUNTS340
(a) Income in Respect of Decedent
(b) Charitable Contribution Planning
(c) Potential Problems and Solutions
(d) Individual Retirement Arrangements in General
(e) Statutory Law
§ 7.10 COMMODITY FUTURES CONTRACTS
§ 7.11 DONORS' CREATIONS
§ 7.12 CHARITY AUCTIONS
(a) Charity Auctions as Businesses
(b) Charitable Contribution Deductions—Donors of Items
(c) Charitable Contribution Deductions—Acquisition of Items
(d) Substantiation Law
(e) Quid Pro Quo Contribution Law
(f) Sales Tax Law
(g) Reporting Law
§ 7.13 SERVICES
§ 7.14 UNREIMBURSED EXPENSES
(a) Exempt Functions
(b) Inherent Nature of Services
(c) Substance of Services
(d) Duration of Services
(e) Excessive Expenditures
(f) Element of Pleasure
§ 7.15 LIMITATION ON DEDUCTION FOR EXPENSES DUE TO PLEASURE
(a) Substance of Services
(b) Duration of Services
(c) Element of Pleasure
§ 7.16 AUTOMOBILE EXPENSES
§ 7.17 USE OF PROPERTY
§ 7.18 BARGAIN SALES
(a) Definition of Bargain Sale
(b) Allocation of Basis
(c) Interplay with Deduction Reduction Law
(d) Interplay with Carryover Laws
(e) Interplay with Step Transaction Doctrine
§ 7.19 PROPERTY SUBJECT TO DEBT
§ 7.20 FUTURE INTERESTS IN TANGIBLE PERSONAL PROPERTY
§ 7.21 CONTRIBUTIONS BY TRUSTS
(a) Overview of Law
(b) Gifts of Interests in Properties
(c) Guaranteed Annuity Interests
(d) Unitrust Interests
(e) Valuation
(f) Recapture
(g) Denial of Charitable Deduction
(h) Business Trusts
§ 7.22 TAXIDERMY
§ 7.23 CLOTHING AND HOUSEHOLD ITEMS
§ 7.24 VEHICLES
(a) Background
(b) Statutory Law
(c) Regulatory Gloss
(d) Other Issues
§ 7.25 INTELLECTUAL PROPERTY (a) Overview of Law
(b) Statutory Law
(c) Notification Requirement
§ 7.26 FOREIGN TAX CREDIT
§ 7.27 SUBSISTENCE WHALING EXPENSES
§ 7.28 VIRTUAL CURRENCY TRANSACTIONS
(a) General Principles
(b) General Tax Law Concepts
(c) Charitable Deduction Law
NOTES
CHAPTER EIGHT Additional Aspects of Deductible Giving
§ 8.1 CONTRIBUTIONS BY MEANS OF AN AGENT
§ 8.2 CONTRIBUTIONS FOR THE USE OF CHARITY
§ 8.3 CONDITIONAL CONTRIBUTIONS
(a) Material Conditions—Nondeductibility
(b) Negligible Conditions
(c) Material Conditions—Deductibility
(d) Enforceability of Conditions
(e) IRS Audits Not Conditions Precedent
§ 8.4 EARMARKING OF CONTRIBUTIONS FOR INDIVIDUALS
§ 8.5 INTERRELATIONSHIP WITH BUSINESS EXPENSE DEDUCTION
§ 8.6 DENIAL OF DEDUCTION FOR LOBBYING ACTIVITIES
§ 8.7 DEDUCTIBLE CONTRIBUTIONS TO NONCHARITABLE ORGANIZATIONS
(a) Conduit Entities in General
(b) Single-Member Limited Liability Companies
§ 8.8 REALLOCATION OF DEDUCTIONS
§ 8.9 FUNDING OF TERRORISM
§ 8.10 STATUTE OF LIMITATIONS
§ 8.11 CONCEPT OF TRUST INCOME
(a) Basic Principles
(b) Definition of Income
(c) Capital Gains and Losses
§ 8.12 UNRELATED BUSINESS INCOME CHARITABLE DEDUCTION
§ 8.13 CHARITABLE FAMILY LIMITED PARTNERSHIPS
§ 8.14 ABUSIVE TAX TRANSACTIONS
(a) Tax Shelter Law Basics
(b) Successor Member Interests
(c) Syndicated Conservation Easements
(d) Attempted Capital Gain Elimination
§ 8.15 PUBLIC POLICY CONSIDERATIONS
NOTES
CHAPTER NINE Planned Giving and Valuation
§ 9.1 PLANNED GIVING FUNDAMENTALS
(a) Introduction to Planned Giving
(b) Core Concepts
§ 9.2 PARTIAL INTERESTS LAW
§ 9.3 OVERVIEW OF VALUATION LAW
§ 9.4 STANDARD ACTUARIAL FACTORS
§ 9.5 GENERAL ACTUARIAL VALUATIONS
§ 9.6 NONSTANDARD ACTUARIAL FACTORS
§ 9.7 SECURITIES LAWS
NOTES
CHAPTER TEN Charitable Remainder Trusts
§ 10.1 DEFINITIONS
(a) Terminology
(b) Requirement of Valid Trust
(c) Substantial Compliance Doctrine
§ 10.2 CHARITABLE REMAINDER ANNUITY TRUST LAW
(a) Payment of Annuity Amount
(b) Minimum Annuity Amount
(c) Maximum Annuity Amount
(d) Permissible Income Recipients
SPOUSAL ELECTIVE SHARE LAW ISSUE
(e) Other Payments
(f) Period of Payment of Annuity
(g) Permissible Remainder Interest Beneficiaries
(h) Additional Contributions
(i) Minimum Value of Remainder Interest
(j) Charitable Deductions
(k) Sidestepping Probability-of-Exhaustion Test
§ 10.3 CHARITABLE REMAINDER UNITRUST LAW
(a) Payment of Unitrust Amount
(b) Minimum Unitrust Amount
(c) Maximum Unitrust Amount
(d) Permissible Income Recipients
(e) Other Payments
(f) Period of Payment of Unitrust Amount
(g) Permissible Remainder Interest Beneficiaries
(h) Additional Contributions
(i) Minimum Value of Remainder Interest
(j) Charitable Contribution Deduction
§ 10.4 ISSUES
(a) Transfers of Options
(b) Right to Change Charities or Trustees
(c) Transfers of Tangible Personal Property
(d) Allocation of Gains to Income
(e) Death Taxes
(f) Valuation of Unmarketable Assets
(g) Time for Paying Income Amount
(h) Determining Certain Gift Amounts
(i) Scriveners' Errors
§ 10.5 TAX TREATMENT OF DISTRIBUTIONS
(a) Characterization and Ordering Rules—In General
(b) Capital Gains Taxation
(c) Other Requirements
(d) Tax Treatment of Other Distributions
(e) Characterization and Ordering Rules
§ 10.6 DIVISION OF CHARITABLE REMAINDER TRUSTS
(a) Fact Situation 1
(b) Fact Situation 2
(c) Qualification of Trusts
(d) Trusts' Basis
(e) Trusts' Holding Period
(f) Trusts' Private Foundation Status
(g) Termination Tax
(h) Self-Dealing
(i) Taxable Expenditures
§ 10.7 BASIS IN DISPOSITION OF TERM INTEREST
§ 10.8 TAXATION OF CHARITABLE REMAINDER TRUSTS
§ 10.9 MANDATORY PROVISIONS
§ 10.10 PRIVATE FOUNDATION LAW
§ 10.11 UNIVERSITY ENDOWMENT INVESTMENT SHARING
§ 10.12 CHARITABLE REMAINDER TRUSTS AS PARTNERS OR SHAREHOLDERS IN REITs
§ 10.13 WEALTH REPLACEMENT TRUSTS
§ 10.14 CALCULATION OF CHARITABLE CONTRIBUTION DEDUCTION
(a) Charitable Remainder Annuity Trusts
(b) Charitable Remainder Unitrusts
(c) Qualified Contingencies
§ 10.15 MERGER OF CHARITABLE REMAINDER TRUSTS
§ 10.16 EARLY TERMINATIONS OF CHARITABLE REMAINDER TRUSTS
§ 10.17 REGULAR TERMINATION OF CHARITABLE REMAINDER TRUSTS
(a) Pay-Over-to-Charity Option
(b) Operation as Charitable Trust
NOTES
CHAPTER ELEVEN Pooled Income Funds
§ 11.1 DEFINITIONS
§ 11.2 QUALIFYING POOLED INCOME FUNDS
(a) Remainder Interests
(b) Life Income Interests
(c) Mingling
(d) Prohibition as to Exempt Securities
(e) Maintenance
(f) Prohibitions as to Trustees
(g) Income of Beneficiaries
(h) Termination of Life Income Interest
§ 11.3 ALLOCATION OF INCOME
(a) Units of Participation
(b) Partial Allocation of Income to Charity
§ 11.4 RECOGNITION OF GAIN OR LOSS ON TRANSFERS
§ 11.5 MANDATORY PROVISIONS
§ 11.6 PRIVATE FOUNDATION LAW
§ 11.7 PASS-THROUGH OF DEPRECIATION
§ 11.8 TAX STATUS OF FUNDS AND BENEFICIARIES
§ 11.9 MULTIORGANIZATION POOLED INCOME FUNDS
(a) National Organizations with Affiliates
(b) Pooled Income Funds of Community Trusts
(c) Other Circumstances
§ 11.10 COMPARISON WITH CHARITABLE REMAINDER TRUSTS
§ 11.11 CHARITABLE CONTRIBUTION DEDUCTION
NOTES
CHAPTER TWELVE Charitable Gift Annuities
§ 12.1 CONTRACT AS VEHICLE FORM
§ 12.2 TAX TREATMENT TO DONOR
§ 12.3 DEFERRED PAYMENT GIFT ANNUITIES
(a) Deferred Payment Gift Annuities in General
(b) Tuition Annuity Programs
§ 12.4 ESTATE AND GIFT TAX CONSEQUENCES
§ 12.5 UNRELATED BUSINESS INCOME IMPLICATIONS
§ 12.6 UNRELATED DEBT-FINANCED INCOME IMPLICATIONS
§ 12.7 CONTRAST WITH OTHER PLANNED GIFT METHODS
§ 12.8 ANTITRUST LAWS
§ 12.9 SECURITIES LAWS
§ 12.10 CHARITABLE CONTRIBUTION DEDUCTION
NOTES
CHAPTER THIRTEEN Other Types of Deductible Remainder Interests
§ 13.1 OVERVIEW OF LAW
§ 13.2 QUALIFYING PARTIAL INTERESTS
§ 13.3 REMAINDER INTERESTS IN PERSONAL RESIDENCES OR FARMS
(a) Personal Residence
(b) Farm
§ 13.4 UNDIVIDED PORTIONS OF ENTIRE INTERESTS IN PROPERTY
(a) General Rules
(b) Gifts of Certain Fractional Interests
NOTES
CHAPTER FOURTEEN Charitable Lead Trusts
§ 14.1 OVERVIEW OF LAW
§ 14.2 INCOME INTERESTS
§ 14.3 TAX TREATMENT OF CHARITABLE LEAD TRUSTS
§ 14.4 TESTAMENTARY USE OF CHARITABLE LEAD TRUSTS
§ 14.5 PERCENTAGE LIMITATION LAW
§ 14.6 PRIVATE FOUNDATION LAW
§ 14.7 ANTI-ABUSE RULE CONCERNING INCOME INTERESTS
(a) Abuse
(b) Anti-Abuse Rule in General
(c) Reformations
§ 14.8 CHARITABLE INCOME TRUSTS
§ 14.9 COMPARISON WITH CHARITABLE REMAINDER TRUSTS
§ 14.10 VALUING CHARITABLE CONTRIBUTION DEDUCTION
§ 14.11 CHARITABLE CONTRIBUTION DEDUCTION
NOTES
CHAPTER FIFTEEN Contributions of and Using Life Insurance
§ 15.1 INTRODUCTION
§ 15.2 LIFE INSURANCE CONCEPTS
(a) Basics
(b) Types of Life Insurance
(c) Valuation
§ 15.3 CHARITABLE GIVING AND INSURANCE
§ 15.4 INSURABLE INTEREST
§ 15.5 UNRELATED DEBT-FINANCED INCOME LAW
§ 15.6 CHARITABLE SPLIT-DOLLAR INSURANCE PLANS
(a) Plans in General
(b) Charitable Deduction Denial Rules and Penalties
(c) IRS Notice
§ 15.7 INSURANCE CONTRACT REPORTING REQUIREMENTS
NOTES
CHAPTER SIXTEEN International Giving by Individuals During Lifetime
§ 16.1 INTRODUCTION
§ 16.2 OVERVIEW OF LAW
§ 16.3 EARMARKING AND CONDUIT RESTRICTIONS
§ 16.4 CONTROL OVER FOREIGN DONEES
§ 16.5 SUMMARY
§ 16.6 INCOME TAX TREATIES
NOTES
CHAPTER SEVENTEEN International Giving by Individuals by Means of Estates
§ 17.1 OVERVIEW OF LAW
§ 17.2 ESTATE TAX LAW
(a) Transfer to Foreign Corporation Serving Charitable Ends
(b) Transfer to Foreign Government Serving Public Purposes
(c) Transfer to Trustee
(d) Testamentary Charitable Remainder Trusts
§ 17.3 GIFT TAX LAW
§ 17.4 CHARITABLE GIVING BY NONCITIZEN NONRESIDENTS
(a) Estate Tax Law
(b) Gift Tax Law
NOTES
CHAPTER EIGHTEEN International Giving by Corporations
§ 18.1 CONTRIBUTIONS TO U.S. CHARITIES FOR FOREIGN USE
§ 18.2 CONTRIBUTIONS OF MONEY FROM FOREIGN AFFILIATE OF U.S. PARENT TO FOREIGN CHARITIES
§ 18.3 CONTRIBUTIONS OF GOODS OR SERVICES TO BENEFIT FOREIGN CHARITIES
§ 18.4 GRANTS OF FUNDS FROM U.S.-RELATED FOUNDATION TO FOREIGN CHARITIES
(a) Taxable Expenditures Law
(b) Charitable Purpose
(c) Expenditure Responsibility
(d) Foreign Grantee Categories
(e) Grants to Charitable Organizations and Equivalents
(f) IRS Simplified Procedure
(g) Grants to Other Organizations
NOTES
CHAPTER NINETEEN Substantiation and Appraisal Law
§ 19.1 INTRODUCTION
§ 19.2 SUBSTANTIATION LAW FOR CHARITABLE MONETARY CONTRIBUTIONS
§ 19.3 SUBSTANTIATION LAW FOR CHARITABLE CONTRIBUTIONS OF $250 OR MORE
(a) General Rules
(b) Non-Donee Letter Substantiation
(c) Judicial Interpretation of Law
§ 19.4 SUBSTANTIATION LAW FOR NONCASH CHARITABLE CONTRIBUTIONS
(a) Contributions of Less Than $250
(b) Contributions of $250 or More But Not More Than $500
(c) Contributions of More Than $500 But Not More Than $5,000
(d) Contributions of More Than $5,000
(e) Contributions of More Than $500,000
(f) Additional Rules
§ 19.5 SUBSTANTIATION LAW FOR CONSERVATION CONTRIBUTIONS
§ 19.6 SUBSTANTIATION LAW FOR CONTRIBUTIONS OF MOTOR VEHICLES, BOATS, AND AIRPLANES
§ 19.7 SUBSTANTIATION LAW FOR CONTRIBUTIONS TO DONOR-ADVISED FUNDS
§ 19.8 APPRAISAL LAW
(a) Overview
(b) Definition of Qualified Appraisal
(c) Definition of Qualified Appraiser
(d) Substantial Compliance Doctrine
§ 19.9 APPRAISALS OF CLOTHING AND HOUSEHOLD ITEMS
§ 19.10 RECORDKEEPING LAW
NOTES
CHAPTER TWENTY Disclosure Law
§ 20.1 DISCLOSURE BY CHARITABLE ORGANIZATIONS IN GENERAL
§ 20.2 QUID PRO QUO CONTRIBUTION LAW
§ 20.3 DISCLOSURE BY NONCHARITABLE ORGANIZATIONS
NOTES
CHAPTER TWENTY-ONE Special Events, Corporate Sponsorships, and Donor-Advised Funds
§ 21.1 IRS AUDIT GUIDELINES
(a) Regulatory History
(b) Special Emphasis Program
(c) Checksheet
(d) Audit Guidance
§ 21.2 SPECIAL EVENTS
§ 21.3 CORPORATE SPONSORSHIP LAW
(a) Background
(b) Qualified Sponsorship Payments
§ 21.4 DONOR-ADVISED FUNDS
(a) Import of Community Foundations
(b) Tax Reform Act of 1969
(c) Court Challenges
(d) Emergence of National Sponsoring Organizations
(e) Statutory Regime
(f) Department of Treasury Study
(g) Congressional Research Service Study
(h) Statistical Portrait
(i) Criticisms of Donor-Advised Funds
(j) Proposed Tax Regulations
NOTES
CHAPTER TWENTY-TWO Reporting Law
§ 22.1 CONTRIBUTION REPORTING BY INDIVIDUALS
§ 22.2 CONTRIBUTION REPORTING BY C CORPORATIONS
§ 22.3 CONTRIBUTION REPORTING BY S CORPORATIONS
§ 22.4 CONTRIBUTION REPORTING BY PARTNERSHIPS
§ 22.5 CONTRIBUTION REPORTING BY DONEES IN GENERAL
(a) General Requirements
(b) Form 990, Schedule A
(c) Form 990, Schedule B
§ 22.6 CONTRIBUTION REPORTING IN UNRELATED BUSINESS CONTEXT
§ 22.7 NONCASH CONTRIBUTIONS REPORTING LAW IN GENERAL
(a) Form 8283
(b) Form 990, Schedule M
§ 22.8 CONTRIBUTIONS OF VEHICLES REPORTING LAW
§ 22.9 CONTRIBUTIONS OF INTELLECTUAL PROPERTY REPORTING LAW
§ 22.10 DISPOSITIONS OF CONTRIBUTED PROPERTY REPORTING LAW
§ 22.11 PERSONAL BENEFIT CONTRACT REPORTING LAW
§ 22.12 SPLIT-INTEREST TRUST REPORTING LAW
NOTES
CHAPTER TWENTY-THREE Valuation Principles and Various Penalties
§ 23.1 VALUATION OF PROPERTY—GENERAL PRINCIPLES
§ 23.2 VALUATION OF WORKS OF ART
§ 23.3 VALUATION OF SECURITIES
§ 23.4 VALUATION OF OTHER TYPES OF PROPERTY
(a) Publications
(b) Clothing and Household Goods
(c) Vehicles
(d) Intellectual Property
(e) Jewelry and Gems
(f) Collectibles
(g) Restricted Property
(h) Conservation Easements
(i) Interests in Businesses
§ 23.5 OTHER COURT VALUATION CASES
§ 23.6 FEDERAL TAX PENALTIES
(a) Accuracy-Related Penalties
(b) Aiding and Abetting Penalty
(c) Penalty Attributable to Incorrect Appraisals
(d) Abusive Tax Shelter Promotion Penalty
(e) Fraud Penalty
(f) Additional Penalties
§ 23.7 BURDEN OF PROOF LAW
§ 23.8 BURDEN OF PRODUCTION AND PROCEDURAL LAW
NOTES
CHAPTER TWENTY-FOUR State Fundraising Law
§ 24.1 STATE REGULATION IN GENERAL
§ 24.2 HISTORICAL PERSPECTIVE
§ 24.3 STATES' POLICE POWER
§ 24.4 BASIC DEFINITIONS
§ 24.5 REGISTRATION LAW
§ 24.6 REPORTING LAW
§ 24.7 EXEMPTIONS FROM REGULATION
§ 24.8 FUNDRAISING COST LIMITATIONS
§ 24.9 PROHIBITED ACTS
§ 24.10 CONTRACT LAW
§ 24.11 DISCLOSURE LAW
NOTES
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The Supreme Court observed that a payment proceeding from the “constraining force of a moral or legal duty” is not a charitable gift.266 This principle was applied by a court in concluding that a portion of the amount paid to an educational society was in the nature of fees for tuition in connection with education of the payors' children, and thus was not a charitable contribution.267
A donor is a person who makes a gift. A donor obviously can make a gift (or contribution) to a charitable organization. A donor may or may not obtain a contribution deduction as the result of a charitable gift. Many factors can operate to determine this outcome.268
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