Rev. Rul. 80-77

1980-1 C.B. 56, 1980-12 I.R.B. 8.

                       Internal Revenue Service
                                 Revenue Ruling

                            CHARITABLE CONTRIBUTIONS

                           Published: March 24, 1980

26 CFR 1.170A-1: Charitable, etc., contributions and gifts; allowance of deductions.

  Charitable contributions. Situations are presented in which payments to the Red Cross, a volunteer fire department, the Girl Scouts, and a combined charity fund are charitable contributions under section 170 of the Code.

ISSUE

  Is a charitable contribution deduction allowable under section 170 of the Internal Revenue Code under the circumstances described below?

FACTS

  Situation 1: A tornado destroys several homes in a town. The local chapter of the American National Red Cross provides food and temporary shelter to a taxpayer whose home was destroyed.  The taxpayer, motivated by gratitude, makes a contribution of 5x dollars to the local chapter of the American National Red Cross.

  Situation 2: A taxpayer owns a home in an area served by a volunteer fire department.  No state or local taxes are used to support the fire department. The taxpayer makes a contribution of 5x dollars to the volunteer fire department's annual fund drive.

  Situation 3: The taxpayer's daughter is a member of a local unit of the Girl Scouts of America.  The taxpayer makes a contribution of 5x dollars to the Girl Scouts of America.

  Situation 4: The taxpayer has a dependent parent who is a resident of a home for the elderly which is a member organization of a combined charity fund.  The taxpayer makes an unrestricted contribution of 5x dollars to the combined charity fund that distributes the contributions to the member organizations according to a formula.

HOLDING

  In each of the four situations, the taxpayer is allowed a charitable contribution deduction under section 170 of the Code, subject to the percentage limitations of section 170(b)(1).

Rev. Rul. 80-77, 1980-1 C.B. 56, 1980-12 I.R.B. 8.