- 14 -
property to his adult children free of both gift tax and estate
tax". Estate of Hartshorne v. Commissioner, supra at 895
(quoting Estate of Keller v. Commissioner, 44 T.C. 851, 860
(1965).
Petitioner has not cited a case wherein we have expanded the
rationale of Harris v. Commissioner, supra, and applied it to
property transfers to children on the theory that the transfers
were founded on a divorce decree. In fact, when faced with the
contrary authority cited above, petitioner merely puts forth an
argument that it is up to the legislature, not the courts, to
cure any abuse of the laws. This argument does not persuade us
that petitioner is entitled to judgment as a matter of law.
Accordingly, we conclude petitioner is not entitled to summary
judgment.
To reflect the foregoing,
An order denying petitioner's
motion for summary judgment will be
issued.
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