Charity Tax Law Charitable Donation Thesis

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Case Study 3

This case is somewhat more complex than the two preceding, in that a great deal of variation in the tax implications exists depending on the type/purpose of the charitable organization and its plans for the property. If a house on Cape Cod somehow suited the tex-exmpt purpose of the charitable organization (e.g. It was used as a hospice for sick children that the organization cared for), then the amount of the deduction Mr. Kennedy could claim would be equal to the fair market value of the house, less the mortgage, or $700,000 (Hopkins 2005, pp. 136).

If, as is more likely, the donation cannot be used by the organization directly for its charitable purposes, there must be a long-term capital gains deduction for the amount of appreciation of the cottage. Mr. Kennedy's deduction would therefore be $350,000, or the amount he had actually paid for the house ($400,000 less the $50,000 still remaining on the mortgage). This is true whether the charitable organization uses the property to generate long-term income or sells it soon after receiving the donation (Hopins 2005; pp. 136). The proper response in this situation would be to advise Mr.

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Kennedy to consult his accountant/tax attorney; he might be far better off selling the property and making a cash donation to the organization.

Case Study 4

Unfortunately, Dr. Nicely will have to be informed that under Section 526, the value of volunteer hours is expressly ineligible for a deduction. Certain expenses related to the volunteerism can be deducted however; the doctor is entitled to fourteen cents per mile (as of 2007) for actual costs of gas driving to and from work, or the actual cost of transportation provided receipts are furnished at the time of filing (Teitell 207). If the doctor used any of his own consumable equipment or resources -- cotton swabs, tongue depressors, syringes, etc. -- these can also be deducted, and receipts will only be necessary if the deduction amount is $250 or greater (Teitell 2007). Only actual expenses related to the volunteer work may be recovered however, and not the estimated or real value of the time volunteered itself......

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