target="_blank" rel="nofollow" href="#ulink_f27c7802-9590-5dc4-8ce8-cfe9e7d16a2b">176 Id. at 87,326.177 177 Id.
178 178 See the discussion of gifts of notes at § 4.8.
179 179 Bischel v. United States, 415 F. Supp. 2d 1211, 1213 (D. Nev. 2006). Likewise, a court wrote that an entity “cannot contribute a right it does not possess,” in denying a charitable deduction claimed for an ostensible gift of a restriction preserving the entire exterior of a certified historic structure where the entity only had rights to the building's facade (61 York Acquisition, LLC v. Commissioner, 106 T.C.M. (CCH) 594 (2013)). Also R.P. Golf v. Commissioner, 111 T.C.M. (CCH) 1362 (2016), aff'd, 860 F.3d 1096 (8th Cir. 2017) (charitable deduction not available for placement of conservation property on parcel the ostensible donor did not own).
180 180 Jones v. Commissioner, 129 T.C. 146,159 (2007). Although this decision was affirmed (560 F.3d 1196 (10th Cir. 2009) cert. den., 558 U.S. 881 (2009)), the appellate court did not address the matter of ownership of the property.
181 181 E.g., Rev. Rul. 67-137, 1967-1 C.B. 63; Priv. Ltr. Rul. 9350009. Generally, a payment to a charitable organization that results in placement of the donor's name on a building owned or occupied by the payee is considered a charitable contribution in full, with the benefit to the donor considered incidental (Rev. Rul. 77-367, 1977-2 C.B. 193).
182 182 E.g., Helvering v. Horst, 311 U.S. 112 (1940).
183 183 See § 5.6.
184 184 See § 5.7.
185 185 The anticipatory assignment-of-income doctrine can be similar to the step transaction doctrine. The latter doctrine is the subject of § 3.7.
186 186 E.g., Morgan Guaranty Trust Co. v. United States, 585 F.2d 988, 994 (Ct. Cl. 1978); S.C. Johnson & Son, Inc. v. Commissioner, 63 T.C. 778, 786 (1975).
187 187 Harrison v. Schaffner, 312 U.S. 579 (1941).
188 188 Peterson Irrevocable Trust No. 2 v. Commissioner, 51 T.C.M. (CCH) 1300, 1316 (1986), aff'd, 822 F.2d 1093 (8th Cir. 1987).
189 189 Greene v. United States, 806 F. Supp. 1165 (S.D.N.Y. 1992).
190 190 IRC § 1256(a)(3).
191 191 IRC § 170(e)(1)(A). See § 3.4(b).
192 192 See § 3.3.
193 193 The other argument was that the gains on the sales of the futures contracts were taxable by reason of the step transaction doctrine. See § 3.7.
194 194 Greene v. United States, 806 F. Supp. 1165, 1170 (S.D.N.Y. 1992).
195 195 Id. at 1172.
196 196 Id.
197 197 Jones v. United States, 531 F.2d 1343 (6th Cir. 1976), overruling Jacobs v. United States, 390 F.2d 877 (6th Cir. 1968).
198 198 Id., 531 F.2d at 1345–1346.
199 199 Id. at 1346, n. 3.
200 200 Id. at 1346.
201 201 Greene v. United States, 806 F. Supp. 1165, 1169 (S.D.N.Y. 1992). This case was affirmed in an opinion containing an extensive discussion of the anticipatory assignment-of-income doctrine as it applies in the charitable giving setting. 13 F.3d 577 (2d Cir. 1994).
202 202 Hudspeth v. United States, 471 F.2d 275, 279 (8th Cir. 1972).
203 203 Kinsey v. Commissioner, 477 F.2d 1058 (2d Cir. 1973).
204 204 Id. at 1063. Likewise, Ferguson v. Commissioner, 108 T.C. 244 (1997), aff'd, 99-1 U.S.T.C. ¶ 50,412 (9th Cir. 1999), in which stock was contributed to charities immediately before the issuer corporation merged following a cash tender offer; the gift was made after the stock changed into a fixed right to receive money, so the donors were taxable on the gain in the stock transferred. This case is discussed in § 4.6, text accompanied by notes 36–37.
205 205 Rauenhorst v. Commissioner, 119 T.C. 157 (2002).
206 206 Id. at 167, 168.
207 207 Rev. Rul. 78-197, 1978-1 C.B. 83. See § 3.7, note 73.
208 208 Rauenhorst v. Commissioner, 119 T.C. 157, 173 (2002). The court used the occasion of this opinion to note that although the “general principles underlying the assignment of income doctrine are well established,” the “precise contours of the anticipatory assignment of income doctrine in the context of charitable contributions of appreciated property have been the subject of some contention.” Id. at 163, 164.
209 209 See § 21.4.
210 210 Dickinson v. Commissioner, T.C. Memo. 2020-128 (2020).
211 211 Chrem v. Commissioner, 116 T.C.M. (CCH) 347 (2018), denying motions for summary judgment. The court noted a fact that is relevant to the argument that the doctrine is inapplicable in this case: the charity's “fiduciary duties as a custodian
