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Article on Charitable Contributions

Martinjohn

John H. Martin (Ella A. and Ernest H. Fisher Professor of Law atPettit College of Law, Ohio Northern University) recently published an articleentitled, A Primer on the Deduction,Valuation, and Substantiation of Charitable Contributions, 5 Est. Plan.& Cmty. Prop. L.J. 371 (Summer 2013). Provided below is a portion of his introduction:

Federalgift and estate tax laws contain relatively few restrictions on outrightcontributions to charitable entities.  Under income tax laws, however,charitable deductions are subject to numerous restrictions.  Ceilings capa taxpayer’s aggregate annual deduction.  Valuation rules govern thecalculation of and may limit deductible amounts.  Parts I and II of thisarticle primarily focus on those ceilings and value limitations.  Bothincome tax and transfer tax laws limit charitable deductions for contributionsof partial interests to gifts made within a fixed number of highly restrictiveformats. Accordingly, after ceilings and value reductions, Part III shifts tofocus on the constraints peculiar to gifts of partial interests.  Part IV addresses contributions that areaccompanied by a return economic benefit to the donor.  Finally, Part V describes the burden placed onthe donor to substantiate a claimed contribution deduction.

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