Publications & Presentations

Charitable Contribution Deduction Issues

• Richard L. Fox On Estate of Hoensheid v. Commissioner: Cautionary Tale to Donors Making Charitable Contributions of Stock Prior to Sale of Company, Steve Leimberg's Charitable Planning Email Newsletter - Archive Message #329, July 5, 2023.

• CRAT Tax Scheme on Appreciated Property Sales Brings Big Losses, Bloomberg Tax, June 22, 2023. 
• Widely Promoted CRAT Tax Elimination Scheme Fails to Deliver, Bloomberg Tax, Jun 15, 2023. 
• Tax Court Provides Harsh Lesson to Donor Claiming Charitable Income Tax Deduction for Donation of Art, Estate Planning Journal, January 2023
• NBA Owner's $10 Million Fine Is No Slam Dunk as a Tax Deduction, Bloomberg Tax, Sep 20, 2022. 
• District Court Provides Harsh Reminder to Donors of Potential Application of Assignment of Income Doctrine and Requirement to Obtain Contemporaneous Written Acknowledgment, Bloomberg Tax, September 2022.
• Charitable Contributions by Corporations of Substantial Assets to Charity or Conversion to Section 501(c)(3) Tax-Exempt Status Presents Potential Income Tax Trap
• Recent Case Highlights Estate Tax Risk of Splitting Charitable Bequest of Property Between Separate Charities, Estate Planning Journal, Volume 48, Number 10, October 2021.
• Estate of Miriam M. Warne – Decedent’s Splitting of Charitable Bequest of 100% LLC Membership Interest Between Two Separate Charities Results in Mismatch of Value Included in Gross Estate and Amount Allowed as Estate Tax Charitable Deduction; Steve Leimberg’s Charitable Planning Newsletter, March 1, 2021
• RERI Holdings I: DC Court of Appeals Affirms Denial by Tax Court of $33 Million Claimed Charitable Income Tax Deduction for Failure to Include Information on Tax Basis on IRS Form 8283, Steve Leimberg’s Charitable Planning Newsletter, July 1, 2019
• DC Court of Appeals Affirms Denial by Tax Court of $33 Million Claimed Charitable Income Tax Deduction for Failure to Include Information on Tax Basis on IRS From 8283; Planned Giving Design Center, July 9, 2019
• Recent Case of Tarpey v. U.S. Provides Important Reminder to Donors and Appraisers Alike to Ensure that Appraisals of Contributed Property Are Qualified Appraisals Performed by Qualified Appraisers, Steve Leimberg’s Charitable Planning Newsletter, May 23, 2019
• IRS Final Regulations Deal Fatal Blow to SALT Limitation Workarounds, Bloomberg Tax, Daily Tax Report, Parts 1, 2 and 3 (June 27, June 28 and July 1, 2019); Bloomberg Law, Tax Management Memorandum (July 8, 2019); and Bloomberg Law, Estates, Gifts and Trusts Journal (July 3, 2018)
  
  • Part 1
  • Part 2
  • Part 3
• New IRS Proposed Regs. Nullify SALT Limitations Workaround Attempts, Wealth Management, September 4, 2018; IRS Proposed Regulations Nullify $10,000 Annual SALT Limitation Workaround Attempts, Leimberg Charitable Planning Newsletter, September 27, 2018
• Are Proposals by States to Recast SALT Payments as Charitable Contributions a Valid End-Run Around the New $10,000 Limitation?, Bloomberg BNA, Insight, Daily Tax Report, January 18, 2018
• Is the Charitable Deduction a Double-Edged Sword for a Nonexempt Trust? Bloomberg Tax, Tax Management, Estates, Gifts and Trusts Journal, July 12, 2018
• Proposals by States to Recast SALT Payments as Charitable Contributions, Are These a Valid End-Run Around the New $10,000 Limitation? Trusts & Estates, June 2018.
• Planning for Charitable Contributions by Estates and Trusts, Estate Planning, January 2017
• Dieringer v. Com'r; Estate Tax Charitable Deduction Reduced by Post-Death “Shenanigans” - A Flawed Result, Steve Leimberg's Charitable Planning Newsletter, April 6, 2016
• Ninth Circuit Affirms Dieringer v. Commissioner: Post-Death Redemption of Stock Bequeathed to Private Foundation Reduces Estate Tax Charitable Deduction - A Flawed Result Because Taxpayer Apparently Sparred Section 4941 Self-Dealing Penalty, Planned Giving Design Ce nter, May 29, 2019
• Recent Cases Denying Charitable Income Tax Deduction Provide Reminder of Need to Strictly Adhere to Statutory Requirements for Deductibility of Façade Easements, Steve Leimberg's Charitable Planning Newsletter, April 2015
• Charitable Planning to Avoid New 3.8% Tax on Investment Income, Estate Planning, August 2013
• Chief Counsel Advice Applies Substance-Over-Form Doctrine in Disallowing Deduction for Charitable Contribution of Partnership Units, Planned Giving Design Center, March 2015
• CCA 201443019 Provides a Reminder That Fair Market Value Deduction Not Available for Donor Deemed to Be a Dealer of Property Contributed to Charity, Steve Leimberg's Charitable Planning Newsletter, February 2015
• Tax Court Rescues Tax Deductions for a Charitable Cat Lady, Estate Planning, May 2012
• PLR 200202032 Paints Picture of Success for Restrictions on Charitable Bequests of Art, Steve Leimberg’s Charitable Planning Newsletter, February 2006
• Practical Charitable Planning for Employee Stock Options, Estate Planning, May 2005
• Planning for Donor Control and Other Strings Attached to Charitable Contributions, Estate Planning, September 2003
  • https://www.pgdc.com/pgdc/story/richard-l-fox
  • http://fordhamlawreview.org/wp-content/uploads/assets/pdfs/Vol_76/Eason_Vol_76_Nov.pdf
  • https://caselaw.findlaw.com/tn-court-of-appeals/1298138.html
• Restrictions on Charitable Bequests of Art: Recent Ltr. Rul. Paints a Picture, Estate Planning, September 2002