Estate of Hilda F. Corbett, Deceased, Michael A. Sweeney, Administrator - Page 4

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          the estate tax return failed to reflect certain taxable gifts               
          that Hilda had previously reported.  In 1990, when Hilda reported           
          on a gift tax return her share of the $300,000 transfer (i.e.,              
          $130,000), she listed prior taxable gifts of $480,000 (i.e., the            
          amount she reported transferring in 1989).  In fact, Hilda had              
          previously reported taxable gifts of $610,488.44, as shown in the           
          following chart:                                                            
                    Date                Taxable Gifts                                 
                    March 1976                 $5,988.44                              
                    December 1976              10,500.00                              
                    September 1979             34,000.00                              
                    December 1979                 80,000.00                           
                    1989                          480,000.00                          
                    Total                         610,488.44                          
               Respondent has proposed an adjustment to prior taxable gifts           
          of $130,488 (i.e., $610,488 minus $480,000).  This adjustment               
          would have the effect of increasing Hilda’s 1990 gift tax                   
          liability by $23,029 and the estate tax liability by $47,061.               
               Petitioner has conceded that Hilda omitted $130,488 in prior           
          taxable gifts that should have been included on her 1990 gift tax           
          return and on the estate tax return.  Petitioner contends,                  
          however, that the characterization of the 1986 transaction as a             
          sale and of the September 24, 1990, transaction as a gift were in           
          error.                                                                      
                                       OPINION                                        
               Petitioner contends that James and Hilda should not be                 
          treated as having transferred the House to David and Billie Jean            





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