Legal Opinion

Pescosolido v. Commissioner

United States Tax Court

Decided July 18, 1988No. Docket No. 44927-86Published

P, controlling shareholder of L, donated "sec. 306 stock" of L to two educational institutions. Held: P did not establish that the donations were "not in pursuance of a plan having as one of its principal purposes the avoidance of Federal income tax," under sec. 306(b)(4), I.R.C. 1954. P's contributions deductions are limited to his cost basis of the stock under sec. 170(e)(1)(A).

1Opinion of the Court

Carl A. Pescosolido, Sr., and Virginia L. Pescosolido, Petitioners v. Commissioner of Internal Revenue, Respondent

Pescosolido v. Commissioner

Docket No. 44927-86

United States Tax Court

91 T.C. 52; 1988 U.S. Tax Ct. LEXIS 92; 91 T.C. No. 6;

July 18, 1988; As amended July 26, 1988 July 18, 1988, Filed

Decision will be entered under Rule 155.

P, controlling shareholder of L, donated "sec. 306 stock" of L to two educational institutions. Held: P did not establish that the donations were "not in pursuance of a plan having as one of its principal purposes the avoidance of Federal income tax," under sec.…

2Cases cited8 opinions

  1. United States v. DavisSupreme Court of the United States · 1970
  2. Northern Trust Co. v. CommissionerUnited States Tax Court · 1986
  3. Roebling v. CommissionerUnited States Tax Court · 1981
  4. Eugene W. And Marie P. Fireoved, in Nos. 71-1565 v. United States of America, in Nos. 71-1566, 71-1567Court of Appeals for the Third Circuit · 1972
  5. Bialo v. CommissionerUnited States Tax Court · 1987

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