An exclusionary power is one in which the donor has authorized the donee
to appoint to any one or more of the permissible appointees, to the exclusion of the others.
The regulations determine how the donation should be dealt with where no specific institution or donee
The transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee
, and accepted by or on behalf of the donee
must be made during the lifetime of the donor and while he is still capable of giving.
I am therefore of the view that this was not sponsorship provided for the benefit of Mr Hain as a regulated donee
, and no donation occurred.
In order to raise the presumption of undue influence, a plaintiff must show a confidential relationship between the donor and the donee
and active procurement of the gift.
No deduction is allowed for claimed donations of $250 or more unless it is substantiated by written documentation from a qualified donee
charity indicating the cash amount or property description of donated property.
In addition, for donations of $250 or more, no deduction is allowed unless substantiated by a contemporaneous written acknowledgment by the donee
--which must include the amount of money donated; whether the donee
provided any goods or services in consideration for the donation; and a good faith estimate of their value.
Both the appraiser and the donee
organization must sign this form, which then becomes part of the donor's tax return.
In addition to this benefit, the donor can enjoy the possession of his assets, subject to agreements between the donor and donee
so that the proper insurance is obtained.
If an anatomical gift of a vascular organ is made in New Mexico to a New Mexico organ procurement organization for transplantation purposes and the donor does not name a specific donee
and the vascular organ is deemed suitable for transplantation, the New Mexico procurement organization shall use its best efforts to determine if there is a suitable recipient in New Mexico.
Ideally, to be certain that the gift of an FLP ownership interest is recognized for income tax purposes, it is best if the donee
has the right to sell the ownership interest without restriction (see Regulation 1.
By contrast, a gift is complete if the donor retains only the right to alter the time and manner of enjoyment of the gift by the donee