Christine M. Hackl - Page 26




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               B.  Application to the Gifted Property                                 
               Beginning with the property itself, we reiterate that the              
          donees in these cases did receive, at least in the sense of                 
          title, outright possession of the Treeco units.  Nonetheless, as            
          previously explained, the simple expedient of paper title does              
          not in and of itself create a present interest for purposes of              
          section 2503(b) unless all the facts and circumstances establish            
          that such possession renders an economic benefit presently                  
          reachable by the donees.  It therefore is incumbent upon                    
          petitioners to show the present (not postponed) economic benefit            
          imparted to the donees as a consequence of their receipt of the             
          Treeco units.                                                               
               In considering this issue, we first address the role of the            
          Treeco Operating Agreement in our analysis.  Petitioners state              
          that each gifted Treeco unit “represented a significant bundle of           
          legal rights in the venture, rights which are defined by the                
          Operating Agreement, Treeco’s Articles of Organization, and                 
          Indiana statutory and common law”.  At the same time, petitioners           
          aver:  “The postponement question is not concerned with                     
          contractual rights inherent in the transferred property, but                
          rather in whether, in the transfer of the property, the                     
          transferor imposed limitations or restrictions on the present               
          enjoyment of the property.”  They then go on to quote the                   
          language from section 25.2503-3(a), Gift Tax Regs., which                   






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