- 19 - D. The Gifts 1. Nature and Timing of the Gifts; Consequences We find that Parker made gifts to the daughters no later than January 26, 1980, of some or all of his rights under the earnest money contracts. The rights of the daughters in the property subject to the earnest money contracts (the Northgate Forest property) were contributed to the joint venture in consideration of a 40-percent interest in the joint venture, as reflected in the January 8 writing. The $2 million notes received by the daughters were in consideration of their interests in the joint venture. The daughters owned the $2 million notes at the time of their redemption in 1985 and, therefore, are taxable on the proceeds of those notes. Parker is not taxable on those proceeds. 2. Intent to Make a Gift "[T]he intent of the donor * * * is the principal issue in determining whether a gift has been made." Id. at 344. There is substantial evidence supporting the conclusion that, sometime before the joint venture was formed on January 26, 1980, Parker formed the intent to make gifts to the daughters, and we so find. Parker told both Nathan and Thoner that the daughters had some part of the Northgate Forest property deal. Bradish certainly understood that, as evidenced by the January 8 writing. Indeed, Bradish dictated to Mrs. Bradish the terms of the January 8 writing. At or about the time of the January 8Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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