This results in a “double deduction” of sorts, because different standards are used
when the asset is depreciated and when it is sold.
Method 2 was rejected by the Supreme Court in the appeal of Comm. v. Tufts,
83-1 USTC 1¶9328, 51 AFTR2d 83-1133, 103 S. Ct. 1826 (USSC, 1983). This is
consistent with the IRS’ position in Reg. § 1.1001-2. It is, therefore, appropriate
that the amount realized include the entire amount of the liabilities, as in Method
1 above.
14-40 The purpose for this problem is to consider the effect of using the fair market
value of property to value charitable contributions and analyze the effects of the
limitations on charitable deductions of property on bargain sales. The limits do
not apply to contributions of real property to “public charities.” However, they do
apply to contributions of tangible personalty which is capital gain property.
1. Since the limits do not apply, the contribution is the fair market value minus
the sales price, determined as follows:
Fair market value $ 85,000
Less: Sales price (55,000)
Net charitable contribution $ 30,000
K also has gain on this transaction measured by the difference between the
sales price and the allocable portion of the adjusted basis per § 101 l(b),
determined as follows:
Sales price $ 55,000
Less: Allocable basis*(25,882)
Recognized gain or loss $ 29,118
*$55,000/$85,000 × $40,000 = $25,882
In summary, K will report a long-term capital gain of $29,118 on Schedule D
and a charitable contribution of $30,000, limited to 30 percent of A.G.I., on
Schedule A.
2. Since the painting is tangible personalty which is a capital asset, the amount of
the charitable contribution is the fair market value minus 100 percent of the
gain which would be recognized if the property were sold for its fair market
value. This results in a contribution value of $40,000. Since $55,000 is
realized on sale, no charitable contribution is allowable. Furthermore, no
allocation of basis is required since allocation is required under § 1011 (b)
only if a charitable contribution deduction is allowed. Therefore, K reports a
gain on Schedule D as follows: