subordinates its rights to the rights of the donee, the easement should
64) the donee will be able to continue to "enforce the
So long as this type of investment is made in a registered charity or other qualified donee, there is no need for concern over whether the terms of the arrangement are at fair market value.
Ignoring the irony of that circumstance, it remains true that when registered charities fail to meet the direction and control obligations currently required by the courts (and the Canada Revenue Agency), they can be characterized as having made a gift to the intermediary that is not a qualified donee.
3 Exercise of a power of appointment; type of instrument A power of appointment can be exercised only by a written instrument which would be sufficient to dispose of the estate intended to be appointed if the donee
were the actual owner.
establish that the transfer in dispute conferred on the donee
an unrestricted and noncontingent right to the immediate use, possession, or enjoyment (1) of property or (2) of income from property, both of which alternatives in turn demand that such immediate use, possession, or enjoyment be of a nature that substantial economic benefit is derived therefrom.
Because it has been part of the tax rules since the beginning of the modern tax system in 1913, and because Congress did not offer explanations of its reasoning in this case (as was true of many of the basic tax rules), little is known definitively about the reasons for adoption of the background tax rules denying donors deductions for their gratuitous transfers, but also allowing exclusions for donees
Generally, charitable contributions of $250 or more made by an employee through payroll deduction may be substantiated with a combination of two documents: (1) a pay stub, Form W-2, or a document furnished by the taxpayer's employer that sets forth the amount withheld from the taxpayer's wages, and (2) a pledge card or document prepared by or at the direction of the donee
organization that states that the organization does not provide goods or services as whole or partial consideration for any contributions made by payroll deduction.
After finding or assuming a confidential relationship, courts reviewing the facts in undue influence cases involving inter vivos transfers have focused on one or more of six recurring factors: 1) the donee
's level of involvement in the donor's affairs; 2) the donee
's level of involvement in the actual gift in question; 3) the relationship of the donee
to the donor as compared to the natural objects of the donor's bounty; 4) the secrecy or openness of the transaction; 5) the effect of the transfer on the donor's pre-existing estate plan; and 6) the physical health and mental acuity of the donor at the time of the gift.
The utility of blockage evaluation is diminished, and may be inapplicable, when a large block is divided among a number of donees
or when gifts are spread over a number of tax years.
The receipt may be in the form of a letter or other written communication from the donee
A married donor can, with his or her spouse's consent, transfer $20,000 annually to each of as many donees
as he or she pleases.