Case Study 3
This case is somewhat more complex than the two preceding, in that a great deal of variation in the tax implications exists depending on the type/purpose of the charitable organization and its plans for the property. If a house on Cape Cod somehow suited the tex-exmpt purpose of the charitable organization (e.g. It was used as a hospice for sick children that the organization cared for), then the amount of the deduction Mr. Kennedy could claim would be equal to the fair market value of the house, less the mortgage, or $700,000 (Hopkins 2005, pp. 136).
If, as is more likely, the donation cannot be used by the organization directly for its charitable purposes, there must be a long-term capital gains deduction for the amount of appreciation of the cottage. Mr. Kennedy's deduction would therefore be $350,000, or the amount he had actually paid for the house ($400,000 less the $50,000 still remaining on the mortgage). This is true whether the charitable organization uses the property to generate long-term income or sells it soon after receiving the donation (Hopins 2005; pp. 136). The proper response in this situation would be to advise Mr. Kennedy to consult his accountant/tax attorney; he might be far better off selling the property and making a cash donation...
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