But again, it is "to the extent of any gain that would have been treated as ordinary income because of depreciation"
The tax on the depreciation for Real Estate (§1250) is NOT Ordinary Income. It is a Capital Gain.
However, you make an interesting point about Net Unrecaptured §1231 Gain. If he claimed §1231 losses during the last 5 years (with no offsetting gains), that would change that part of the NON-depreciation gain to "ordinary income".
This would also potentially limit his deduction due to the 30% limit:
<a rel="nofollow" target="_blank" href="
https://www.irs.gov/publications/p526#en_US_2016_publink1000229810">https://www.irs.gov/publications...>
Interesting, I never realized that contributing property to a charitable organization could be so complex. I've never had to deal with that before.
