The Tax Law of Charitable Giving, 6th Edition

CHAPTER TWOFundamental Concepts

• § 2.1 Definition of Gift
  • (a) Perspectives
  • (b) Availability of Charitable Deduction
  • (c) Quid Pro Quo Situations
  • (d) Incidental Benefits
  • (e) Requirement of Transfer of Value
  • (f) Requirement of Donor Ownership
  • (g) Donor Recognition
  • (h) Anticipatory Income Assignments
  • (i) Rebate Plans
  • (j) Dividends Paid to Charitable Organizations
  • (k) Requirement of Completion
  • (l) Employee Hardship Programs
  • (m) Mandatory Payments
• § 2.2 Definition of Donor
• § 2.3 Definition of Charitable Organization
  • (a) Overview of Law
  • (b) Charitable Organizations—Criteria
• § 2.4 Public Charities and Private Foundations
  • (a) Public Charitable Organizations
  • (b) Other Nonprivate Foundations
  • (c) Private Foundations
• § 2.5 Unrelated Business Law
  • (a) Overview of Law
  • (b) Definition of Trade orBusiness
  • (c) Regularly Carried On Rule
  • (d) Concept of Unrelated Business
  • (e) Unrelated Business Taxable Income
  • (f) Exempted Activities
  • (g) Exempted Income
  • (h) Bucketing Rule
• § 2.6 Factors Affecting Income Tax Deductibility of Charitable Gifts
• § 2.7 Charitable Organizations Listing Reliance Rules
  • (a) IRS's Searchable Databases
  • (b) Charitable Status Reliance Rules
  • (c) Safe Harbor Rules as to Public Charity Status
• § 2.8 Grantor Trust Law

§ 2.1 DEFINITION 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 ...