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§ 15.3 UNDIVIDED PORTIONS OF ENTIRE INTERESTS IN PROPERTYAs noted, this type of gift, to be deductible, cannot be made in trust. 42 A contributionnot in trust to a charitable organization of a remainder interest in afarm, with retention of an estate in the farm for life or for a term of years, wouldgive rise to a charitable deduction for the value of the remainder interest nottransferred in trust.The various points of law concerning the charitable contribution deductionfor gifts of remainder interests in personal residences 43 should also apply in thesetting of gifts of remainder interests in farms.§ 15.3 UNDIVIDED PORTIONS OF ENTIRE INTERESTSIN PROPERTYA federal income tax charitable contribution deduction is available for a gift ofan undivided portion of the donor’s entire interest in an item of property. 44 Thistype of deduction is available only when the gift is not in trust. 45An undivided portion of a donor’s entire interest in property must• consist of a fraction or percentage of each and every substantial interest orright owned by the donor in the property, and• extend over the entire term of the donor’s interest in the property and inother property into which the property may be converted. 46A charitable deduction is allowable under these rules if the charitable organizationis given the right, as a tenant in common with the donor, to possession,dominion, and control of the property for a portion of each year appropriate to itsinterest in the property.EXAMPLE 15.1In 2005, B was given a life estate in an office building for the life of A. B had no other interest in theoffice building. B was allowed an income tax charitable deduction for his contribution in 2006 tocharity of a one-half interest in the life estate in a transfer not made in trust. The contribution by Bwas a contribution of an undivided portion of his entire interest in the property. aa Id.EXAMPLE 15.2In 2005, C was given the remainder interest in a trust created under the will of her father. C hadno other interest in the trust. C was allowed an income tax charitable contribution deduction forher contribution in 2006 to charity of a 20 percent interest in the remainder interest in a transfernot made in trust. This contribution by C was considered a contribution of an undivided portionof her entire interest in the property. aa Id.42 Of course, if the trust qualifies (such as a qualified charitable remainder trust; see Chapter 12), a deduction forthe remainder interest would be available. If the trust does not qualify, once again there would not be a charitablededuction. See, e.g., Priv. Ltr. Rul. 8110016.43 See § 15.2(a).44 IRC § 170(f)(3)(B)(ii); Reg. § 1.170A-7(b)(1)(i).45 Reg. § 1.170A-7(b)(1)(i).46 Id. 509