The Motley Fool Discussion Boards  Previous Page  Financial
Planning / Tax Strategies   Subject:  Re: Gifting Private
Company Stock Date:  9/5/2000  5:27 PM Author:  criser Number: 
39568 of 119695  But I think you could have an even worse
result. If the stock certificates are restricted and therefore
the simultaneous transaction precludes the charity's holding
unfettered title to the stock, this would be deemed a step
transaction. The entire proceeds would go to the charity and you
would be deemed to have sold the stock and gifted the cash. You
would be liable for the tax. That's ugly. This would be true
even if the CFO papered the transaction your way. That's because
the charity did not receive the stock unconditionally. I haven't
researched this question but believe that you would want to seek
a substantive legal opinion or a CPA's written opinion with
authority supporting a positive conclusion.  I agree that this
is a big risk. This is a textbook case for application of the
step transaction doctrine - a s