Читать книгу The Tax Law of Charitable Giving - Bruce Hopkins R., Bruce R. Hopkins, David Middlebrook - Страница 26

The federal tax law provides for an income tax charitable contribution deduction for “any charitable contribution” made by a donor to or for the use of⁵⁶ a charitable organization.⁵⁷ Amounts paid to a charitable entity for the benefit of a specified individual are generally not deductible as charitable contributions.⁵⁸ Charitable deductions are also available in the gift tax context⁵⁹ and the estate tax context.⁶⁰

In a sense, every charitable contribution made by a donor who itemizes tax deductions gives rise to a quid pro quo because of the economic value (reduction in tax owed) of the resulting charitable contribution deduction. Yet, the jurisprudence is clear that the tax benefit resulting from a federal or state charitable deduction is not regarded as a type of return benefit that negates donative intent, thus reducing or eliminating the deduction.⁶¹ Similarly, when the contribution is made with appreciated property, the value of the deduction has not been treated as an item of gross income in the form of an amount realized on the transfer.⁶²

Thus, generally, a government-provided tax benefit resulting from a charitable gift is treated for federal tax purposes as a reduction or potential reduction in tax liability. As such, it is reflected in a reduced deduction for the payment of state or local tax,⁶³ not as consideration that might constitute a quid pro quo for purposes of the federal income tax charitable contribution deduction or an amount realized includible in income.⁶⁴

The IRS's Office of Chief Counsel concluded that there is no reason, in this regard, given this body of law, to distinguish between the value of a state tax deduction and the value of a state tax credit, including a transferable state tax credit. Thus, it was held that donors may take a federal income tax charitable deduction for the full amount of their charitable gifts of money or appreciated property when they receive a state tax credit.⁶⁵