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PERCENTAGE LIMITATIONScenter, with whom the return for the previous tax year or years was filed, thename or names in which the return or returns were filed, and whether each ofthe returns was a joint return or a separate return. 91(b) Timing of ElectionThis election cannot be made retroactively. In the principal case on the point, thedonors calculated their charitable deduction for a significant gift of property(which was highly appreciated in value) by making this election. This act produceda charitable deduction for the year of the gift and for two subsequentyears. Two years later, the donors recalculated their charitable deduction stemmingfrom the gift and filed amended returns using the 30 percent limitation.This approach gave them a smaller deduction in the year of the gift and the twofollowing years, but it produced a charitable contribution deduction in each ofthe next three tax years. Litigation was launched when the IRS disallowed thedeductions for the most recent three years.One of the arguments advanced by the donors was that they had nevermade a valid election to use the 50 percent limitation, so they were not bound bythat initial decision. The court held, however, that the election was valid, notingthat no particular words are required and that adequate notice as to the electionhad been provided to the IRS. 92The other argument was that the election is revocable. Persuaded by thegovernment’s argument that irrevocability is required to avoid burdensomeuncertainties in administration of the revenue laws, the court held that thedonors were bound by their election in the year of the gift. The court observedthat “where... the taxpayer’s initial election later becomes, through hindsight,less financially advantageous than some other option, the improvident electiondoes not enable the taxpayers to revoke that election.” 93This election may not be made by means of an amended return. 94§ 7.8 GENERAL 30 PERCENT LIMITATIONA 30 percent limitation generally applies in instances of contributions of moneyto charitable organizations other than public charities.(a) General RulesNormally, an individual’s charitable contributions made during a tax year, to oneor more charitable organizations other than public charitable organizations, whenthe subject of the gift is money, are deductible to the extent that these contributionsin the aggregate do not exceed 30 percent of the individual’s contribution91 Reg. § 1.170A-8(d)(2)(iii).92 Woodbury v. Commissioner, 900 F.2d 1457 (10th Cir. 1990).93 Id. at 1461. See also Grynberg v. Commissioner, 83 T.C. 255 (1984), in which the court relied on the doctrineof election, precluding the donor from revoking the election because the donor had a free choice between thetwo alternatives and engaged in the overt act (by filing a tax return) of communicating that choice to the IRS.94 Rev. Rul. 77-217, 1977-1 C.B. 64. 206