the charitable contribution deduction may be defeated.99 Otherwise, the matter turns on principles of the law as to principal and agent. If the for-profit intermediary is functioning as an agent for the charitable organization, the full amount of the contribution is deductible (not just the amount contributed net of the service fee). If, however, the for-profit intermediary is serving as the agent of the donor, the charitable contribution deduction will not come into being until the gift money (or perhaps other property) is delivered by the intermediary to the charitable organization.100
Because of delays in processing the gift, a donor may be placed in the position of initiating the transaction late in a year and then finding that the charitable deduction is not available until the subsequent year.
NOTES
1 1 IRC § 170(a)(1); Reg. § 1.170A-1(a)(1). E.g., Christensen v. Commissioner, 40 T.C. 563 (1963).
3 3 Reg. § 1.170A-1(a)(1). See also Rev. Rul. 75-348, 1975-2 C.B. 75; Rev. Rul. 55-410, 1955-1 C.B. 297; Mann v. Commissioner, 35 F.2d 873 (D.C. Ct. App. 1929). See § 3.8.
4 4 Glynn v. Commissioner, 76 T.C. 116 (1981), aff'd in unpublished opinion (1st Cir. 1982).
5 5 E.g., Rev. Rul. 69-93, 1969-1 C.B. 139 (holding that title to real estate is transferred on the date that the “deed passed,” not on the previous date when the parties executed a contract for the sale of the property). The U.S. Tax Court held that a sale of land occurred when the “title was finally approved and the deed of conveyance was signed passing title and the right of possession to the vendee” (Wurtsbaugh v. Commissioner, 8 T.C. 183, 189 (1947)).
6 6 Reg. § 1.170A-1(b), which states that, “[o]rdinarily, a contribution is made at the time delivery is effected.”
7 7 See § 8.3.
8 8 Reg. § 1.170A-1(e), which states that, “[i]f as of the date of a gift a transfer for charitable purposes is dependent upon the performance of some act or the happening of a precedent event in order that it might become effective, no deduction is allowable unless the possibility that the charitable transfer will not become effective is so remote as to be negligible. If an interest in property passes to, or is vested in, charity on the date of the gift and the interest would be defeated by the subsequent performance of some act or the happening of some event, the possibility of occurrence of which appears on the date of the gift to be so remote as to be negligible, the deduction is allowable.”
10 10 Winokur v. Commissioner, 90 T.C. 733, 740 (1988).
11 11 E.g., LaGarde v. Commissioner, 76-1 U.S.T.C. ¶ 9248 (N.D. Ala. 1975); Mellon v. Commissioner, 36 B.T.A. 977 (1937). Also Murphy v. Commissioner, 61 T.C.M. (CCH) 2935 (1991). Instances in which the “donor” retained too much dominion and control over the property that was the subject of the gift are Woods v. Commissioner, 58 T.C.M. (CCH) 673 (1989), aff'd in unpublished opinion (6th Cir. 1991); Stjernholm v. Commissioner, 58 T.C.M. (CCH) 389 (1989), aff'd in unpublished opinion (10th Cir. 1991); Roughen v. Commissioner, 54 T.C.M. (CCH) 510 (1987).
12 12 Nehring v. Commissioner, 131 F.2d 790 (7th Cir. 1942). Also Jordan v. United States, 297 F. Supp. 1326 (W.D. Okla. 1969).
13 13 Reg. § 1.170A-1(b). Also Estate of Witt v. Fahs, 160 F. Supp. 521 (S.D. Fla. 1956); Estate of Spiegel v. Commissioner, 12 T.C. 524 (1949).
14 14 The IRS wrote that a charitable contribution in the form of a check is deductible in the tax year in which the check was delivered, “provided the check is honored and paid and there are no restrictions as to time and manner of payment thereof” (Rev. Rul. 54-465, 1954-2 C.B. 93).
15 15 Estate of Metzger v. Commissioner, 100 T.C. 204 (1993), aff'd, 94-2 U.S.T.C. ¶ 60,179 (4th Cir. 1994).
16 16 See § 6.2(h).
17 17 Estate of Metzger v. Commissioner, 100 T.C. 204, 215 (1993).
18 18 Id.
19 19 Rev. Rul. 67-376, 1967-2 C.B. 351.
20 20 Priv. Ltr. Rul. 8706011.
21 21 Griffin v. Commissioner, 49 T.C. 253, 261 (1967), in which the Tax Court wrote: “A postdated check is not a check immediately payable but is a promise to pay on the date shown. It is not a promise to pay presently and does not mature until the day of its date, after which it is payable on demand the same as if it had not been issued until that date although it is, as in the case of a promissory note, a negotiable instrument from the time issued.”
22 22 Estate of Spiegel v. Commissioner, 12 T.C. 524 (1949). Consequently, these funds should not be in the donor's estate for estate tax purposes (e.g., Estate of Belcher v. Commissioner, 83 T.C. 227 (1984)). This rule does not apply, however, with respect to gifts by check written to noncharitable donees (McCarthy v. United States, 86-2 U.S.T.C. ¶ 13,700 (7th Cir. 1986)).
23 23 See § 4.8.
24 24 Rev. Rul. 78-38, 1978-1 C.B. 67. This ruling revoked Rev. Rul. 71-216, 1971-1 C.B. 96 (holding that a person making a contribution to a qualified charitable organization by a charge to a bank credit card is entitled to a charitable contribution deduction for the amount contributed in the tax year in which the donor paid the amount to the bank).
25 25 Rev. Rul. 78-38, 1978-1 C.B. 67, 68.
26 26 Granan v. Commissioner, 55 T.C. 753 (1971).
