Estate of Ellie B. Williams, Deceased, Robert M. Driggers, Sr., Personal Representative, et al. - Page 12

                                        -12-                                          
          Commissioner, 8 T.C. 706, 720 (1947); sec. 25.2512-8, Gift Tax              
          Regs.4  Decedent's estate bears the burden of proving that                  
          decedent's transfers to petitioner of undivided interests in                
          timberland in 1980 and 1983 were not taxable gifts.  Rule 142(a).           
               Petitioners argue that decedent had good business reasons              
          for making the transfers.  Petitioners point out that petitioner            
          had worked for decedent since the early 1960's without                      
          compensation, except for his share of profits (and $50 per week             
          in the first year), and that decedent could not have managed her            
          property without petitioner's help.  We disagree that this shows            
          that the transfers were not gifts.                                          


               4 Sec. 25.2512-8, Gift Tax Regs., provides:                            
               SEC. 25.2512-8, Transfers for insufficient consideration.              
                    Transfers reached by the gift tax are not confined to             
               those only which, being without a valuable consideration,              
               accord with the common law concept of gifts, but embrace as            
               well sales, exchanges, and other dispositions of property              
               for a consideration to the extent that the value of the                
               property transferred by the donor exceeds the value in money           
               or money's worth of the consideration given therefor.                  
               However, a sale, exchange, or other transfer of property               
               made in the ordinary course of business (a transaction which           
               is bona fide, at arm's length, and free from any donative              
               intent), will be considered as made for an adequate and full           
               consideration in money or money's worth.  A consideration              
               not reducible to a value in money or money's worth, as love            
               and affection, promise of marriage, etc., is to be wholly              
               disregarded, and the entire value of the property                      
               transferred constitutes the amount of the gift. * * *                  








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