The Service has issued Email Chief Counsel Advice in which it concludes that a corporation that is a partner in a partnership can take a deduction for a charitable contribution made by the partnership as though the C corporation actually made the contribution from its distributive share.
ECC 200927034
Full Text:
UILC: 702.01-02, 170.02-01
Release Date: 7/2/2009
ID: CCA-513114-09
Office: * * *
From: * * *
Sent: Tuesday, May 12, 2009 2:33 PM
To: * * *
Cc:
Subject: § 170(e)(3) -- Contribution by Corporate Partner
Per our discussion earlier today, it is the view of * * * that
Subchapter K provides that charitable contributions are to be taken
into account by partners as if they themselves made the contributions.
* * * found nothing in the legislative history of section 170(e)(3)
that indicates it would not apply to C corporation partners of a
partnership, and thus concurs with the views of * * * Therefore, a C
corporation that is a partner in a partnership can take the enhanced
deduction (if the charitable contribution is otherwise a qualified
contribution as provided in section 170(e)(3)) for a charitable
contribution made by the partnership as, under Subchapter K, C
corporation is treated as though C corporation actually made its
distributive share of the contribution.
Please feel free to contact * * *at * * *, or myself if you have any further questions.
