Clyde G. Tatum and Veta Rae Tatum v. Commissioner of Internal Revenue

GODBOLD, Circuit Judge:

Petitioners are owners of farm land. They entered into verbal agreements with share-crop tenants under which the tenants agreed to pay as land rent fractional parts of the crops produced. In 1961 and 1962 petitioners made donations to charities of grain and cotton crops 1 grown on the rented land by share-crop tenants and paid in kind as land rent. On their federal income tax returns petitioners did not include in gross income any part of the value of the crops when donated or their sale price when sold by the charities, but claimed as a charitable deduction 2 the…