So you think that taxpayers can transfer deductions amongst each other and at the expense of the IRS without violating the law?
Had you paid the donation directly to the University, because you do not itemize, the IRS would have collected an additional $X due to the reduced deduction claimed by your buddy, which it did not collect due to you and your buddy's scheme.
If I already used my energy efficiency tax credit, can I simply have my neighbor buy some new energy-efficient products intended for my re-purchase so that we can mooch off of Uncle Sam?
As my ex-buddy has made abundantly clear, I have no privity with the University and I was merely a purchaser of tickets he was reselling. Given his shenanigans, I threatened to contact the IRS on him and as he has pointed out, he has paid his taxes in full (as he derived no income from his resale of tickets by selling them at his tax adjusted cost). Surely the cost of a gallon of gas sold by Exxon contains multiple price reductions driven by tax deductions, but they report their income on each gallon of gas sold after taking these tax benefits into account, but that does not mean that I as a purchaser from them am committing tax fraud by getting this discount at the pump.
I don't disagree that anyone who is buying at $750 and reselling to their friends at $750 while keeping the tax deduction for themself is committing tax fraud, but the mere resale at after-tax cost is not tax fraud and as I have learned, I am merely a purchaser from a reseller and I have no privity with the University. The (now realized) substantial risk of forfeiture as a result of lack of contractual privity driven by the reseller relationship is what makes this completely different than your sham transaction hypothetical. In that sort of tax credit scenario, the tax law requires the installation of the energy efficient equipment on the taxpayer's real property, however, there is no similar restriction prohibiting a ticket purchaser from reselling, donating, bequeathing, divesting, disposing of, giving, transferring or not using any tickets that he or she purchases. If there were, there would be roughly 25,000 people at every Hawk game. But then again, I haven't read
Three Felonies A Day lately, so perhaps you are right and there is a Tax Court ruling on this very issue and 98% of the folks who donate to the University could be charged with felonies, but until you can produce it, please leave your conjecture at the door, pal.