The Tax Law of Charitable Giving. Bruce R. Hopkins

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The Tax Law of Charitable Giving - Bruce R. Hopkins


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transferred.

       The absence of a condition (to occur either before or after the transfer) that defeats, or will defeat, the clear passage of title to the donee,7 unless:The condition is so remote as to be negligible,8 orThe condition is one that entails a legitimate restriction on the donee's use of the gift property (such as a confining of the use of the gift for scholarship purposes or for the acquisition of a building for use by the charitable donee in its charitable activities).

       Compliance with the substantiation requirements.9

      When the mails are used, the United States Postal Service is considered the agent of the recipient. Thus, when a contribution is mailed, the date of gift is usually the date the item is placed in the U.S. mail system.

      Therefore, charitable gifts by check made at year-end may be deductible for the year in which the check was written, even though the check evidencing the gift does not clear the account involved until early in the subsequent year. This rule is reflected in the relation-back doctrine.

      Thus, because the court was willing to apply the relation-back doctrine in connection with these facts, and because the checks were presented for payment in 1985 and they were promptly paid, the acceptance of the checks by the drawee bank in 1986 related back to the deposit of them in 1985. Therefore, the first set of gifts was treated as annual exclusion gifts for 1985, so that no taxes were due with respect to them.


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