- 36 - 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 isPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011