- 19 - pursuant to an arrangement with the donor, would be in a "net gift" transaction. Petitioners are liable as transferees for the amount of property they received by gift because the donor did not satisfy her primary obligation for the gift tax owed. Had a "net gift" been made, petitioners would have paid the resulting gift tax and the amount of the gift would have been reduced accordingly. However, if the donor had not paid the full amount of gift tax owed for that period, petitioners still would remain liable as transferees up to the full amount of the gift pursuant to section 6324(b). See LaFortane v. Commissioner, 29 T.C. 479, 489 (1957), affd. 263 F.2d 186, 194 (10th Cir. 1958). The end result is that petitioners could be required to pay the full value of the property received. A portion would be paid as tax (the gift tax paid for the donor as consideration for the "net gift"), and a portion would be paid to satisfy their transferee liability, up to the full value of the gift received. What petitioners argue for here is a result better than what they could receive had a net gift been made. In essence, what petitioners argue is that any amount they now are required to pay should "purchase" a portion of the property they received, ultimately leaving them liable for less than the full value of what was transferred to them. Rev. Rul. 75-72, supra, provides no support for such an argument. Petitioners' liability herein is their personal liability to the Government, measured by whatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011