Estate of Joseph Cidulka, Deceased, James S. Bozik, Administrator - Page 36

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          two teenage children is the same in 1980 and 1981 as it was in              
          1982, except that for 1980 and 1981 they did acknowledge receipt            
          of the stock on the stock register.  However, they never received           
          any benefits from the stock and did not receive their pro rata              
          distribution when the assets of the company were sold.  In other            
          words, the stock decedent gave to his two grandchildren was not             
          treated by their father, John Cidulka, as stock belonging to                
          them.  They were not shown as stockholders for purposes of                  
          corporate distributions.  Based on this record, we conclude that            
          in 1980 and 1981, as in 1982, the gifts of stock to John                    
          Cidulka's two children were, in effect, a gift to their father              
          and certainly not in substance a gift to the children.  Again, we           
          point out that at the time of the trial, John Joseph and Laura              
          were adults but were not called as witnesses.  In each of the               
          years 1980 and 1981 decedent was entitled to only one gift tax              
          exclusion.                                                                  
               The final issue in this case is whether petitioner is liable           
          for the additions to tax for failure to file a 1982 gift tax                
          return and for negligence in not reporting the gifts made to John           
          Cidulka in 1982.  Petitioner contends that there was reasonable             
          cause for decedent's failure to file a gift tax return in 1982,             
          since his advisers, including his accountant and attorneys, had             
          informed him that the gifts were not of sufficient value to                 
          require a return to be filed.  The only testimony with respect to           
          the advice given to decedent as to his gift tax liability is                




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