The Tax Law of Charitable Giving, 5th Edition

Chapter ThreeFundamental Concepts

1. § 3.1 Meaning of Gift
   1. (a) General Rules
   2. (b) Availability of Charitable Deduction
   3. (c) Quid Pro Quo Situations
   4. (d) Incidental Benefits
   5. (e) Absence of Value Transferred
   6. (f) Absence of Donor Ownership
   7. (g) Donor Recognition
   8. (h) Recommendatory Rights
   9. (i) Anticipatory Income Assignments
   10. (j) Rebate Plans
   11. (k) Dividends Paid to Charities as Stockholders
   12. (l) Requirement of Completion
   13. (m) Employee Hardship Programs
   14. (n) Mandatory Payments
2. § 3.2 Meaning of Donor
3. § 3.3 Meaning of Charitable Organization
   1. (a) Introduction
   2. (b) Charitable Organizations—Criteria
4. § 3.4 Public Charities and Private Foundations
   1. (a) Public Charitable Organizations
   2. (b) Other Organizations That Are Not Treated as Standard Private Foundations
   3. (c) Private Foundations
5. § 3.5 Unrelated Business Rules
   1. (a) Introduction
   2. (b) Trade or Business Defined
   3. (c) Regularly Carried On
   4. (d) Concept of Unrelated Business
   5. (e) Unrelated Business Taxable Income
   6. (f) Exempted Activities
   7. (g) Exempted Income
6. § 3.6 Factors Affecting Income Tax Deductibility of Charitable Gifts
7. § 3.7 Charitable Organizations Listing Reliance Rules
8. § 3.8 Grantor Trust Rules

§ 3.1 Meaning of Gift

The basic federal law on the subject of the tax aspects of charitable giving is contained in the Internal Revenue Code and in the interpretations of that body of law found in court opinions, Treasury Department and Internal Revenue Service (IRS) regulations, and IRS public rulings. (Technically not law, pronouncements by the IRS on ...