"D. Stussy" <kd6lvw[at]bde-arc.ampr.org> wrote:
- quote -

I agree with you on that point. In this case he donated
real property and, he said, "title didn't transfer until"
2005.

He blamed the recipient for title not transferring. But
title generally transfers the moment he puts his signature
on a deed. Apparently he was waiting for some sort of
response from the charity before he actually transferred
title.

Stu

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Rick Merrill wrote:
- quote -

Excuse me! I don't see how the date of the acknowledgment
is significant. IRC 170(f)(8) allows for an ack. up to the
due date of the return (without extension) - so it's quite
possible and entirely proper for a 2005 letter to be ack'ing
a 2004 donation.

If there is doubt as to when the donation was made, you need
other proof.

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inthesuburbs[at]hotmail.com wrote:

- quote -

That's not a problem. The appraisal must be reasonable and
closely proximate to the gift date, and sixty days is
reasonable.

ChEAr$,
Harlan Lunsford, EA n LA

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inthesuburbs[at]hotmail.com wrote:

- quote -

You need an acknowledgment from the charity that your gift
was accepted in 2004, not 2005. The gift is complete when
the charity accepts it, not when title is recorded. Based
upon the information in your second paragraph, it appears
that you do not have a 2004 acknowledgment. If you want to
deduct the gift in 2004, you need the charity to revise
their letter.

--
Alan
http://taxtopics.net

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inthesuburbs[at]hotmail.com wrote:

- quote -

You need an acknowledgment from the charity that your gift
was accepted in 2004, not 2005. The gift is complete when
the charity accepts it, not when title is recorded. Based
upon the information in your second paragraph, it appears
that you do not have a 2004 acknowledgment. If you want to
deduct the gift in 2004, you need the charity to revise
their letter.

--
Alan
http://taxtopics.net

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Thanks for your answers.

But if I take the deduction for 2005, instead of 2004, how
do I deal with the fact that the appraisal was done in 2004,
just before I made, or attempted to make, the donation? Now
more time has passed than the appraisal rules allow (60
days?).

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Stuart A. Bronstein wrote:
- quote -

That would have been my advice, i.e. to do all the paperwork
myself, or hire a lawyer to do same, in which case the
lawyer's fee would add to the charitable contribution
deduction.

ChEAr$,
Harlan Lunsford, EA n LA

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inthesuburbs[at]hotmail.com wrote:

- quote -

Inaction by the charity would not delay the gift from a
legal standpoint. You could have simply deeded the property
over to them - they didn't need to do anything.

Promising to make a gift is not the same as making it. So
it seems to me that date of the gift is the date of the deed
transferring title.

Stu

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >

inthesuburbs[at]hotmail.com wrote:

- quote -

You need an acknowledgment from the charity that your gift
was accepted in 2004, not 2005. The gift is complete when
the charity accepts it, not when title is recorded. Based
upon the information in your second paragraph, it appears
that you do not have a 2004 acknowledgment. If you want to
deduct the gift in 2004, you need the charity to revise
their letter.

--
Alan
http://taxtopics.net

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inthesuburbs[at]hotmail.com wrote:

- quote -

Their date of ack. is unfortunately what you have. You
could ask them to issue an ack. with a retro date, since
they have now accepted it.

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If I donated land (more than $5,000 appraised value) to a
charity by letter on Sept. 10, 2004, and that donation was
acknowleged, but because of inaction by the charity the
title didn't transfer until January 10, 2005, can I claim
the donation for 2004, or only for 2005?

And do I have a problem if the appraisal was done on Sept.
1, 2004 -- that's in the right time frame for a donation on
Sept. 10, but not for a donation on Jan. 10. The appraisal
date on Form 8283 is Sept. 1, 2004, but the donee
acknowledgment shows the date of the registration, Jan. 10,
2005, not the date I actually said, here, I'm giving you
this, and they said, great, and their attorney began to work
on the transfer.

I want to claim the donation for 2004 (yes, filing late),
and did make the donation in 2004, but it wasn't completed
til 2005?

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