- 18 - received. In either case, the Parkers argue, the daughters owned the $2 million notes when they were paid. The daughters, on the other hand, argue that Parker owned the $2 million notes at all times and made no gifts to them until after he received the proceeds therefrom. B. State Law Controls With respect to income realized upon the payment of notes, as with respect to other income, Federal income tax liability follows ownership. See United State v. Mitchell, 403 U.S. 190, 197 (1971) ("with respect to community income, as with respect to other income, federal income tax liability follows ownership."). "In the determination of ownership, state law controls. The state law creates legal interests but the federal statute determines when and how they shall be taxed." Id. (internal quotation marks and citations omitted). We examine Texas law to determine who owned the $2 million notes when they were paid. That requires that we determine the nature and timing of Parker's gifts. C. Elements of a Gift Three elements are necessary to establish the existence of a gift: (1) intent to make a gift; (2) delivery of the property; and (3) acceptance of the property. * * * The intent of the donor, however, is the principal issue in determining whether a gift has been made. * * * In re Estate of Hamill, 866 S.W.2d 339, 344 (Tex. Ct. App. 1993).Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011