Estate of Hilda F. Corbett, Deceased, Michael A. Sweeney, Administrator - Page 9

                                        - 9 -                                         
          income tax returns the real property taxes relating to the House.           
          Moreover, Hilda did not file a gift tax return for 1986. Yet                
          petitioner now contends that James and Hilda gave David and                 
          Billie Jean $72,000 in exchange for no consideration.  In                   
          addition, Hilda reported the 1990 transfer of the House to David            
          and Billie Jean as a $130,000 gift for Federal tax purposes.                
               Second, Hilda’s tax reporting and actions did not show an              
          honest and consistent respect for what petitioner now contends              
          was the substance of the transaction.  The inconsistent tax                 
          reporting is described above.  In addition, Hilda recorded the              
          1986 transaction as a transfer of the House for $72,000 and                 
          recorded the 1990 transaction as a transfer of the House for no             
          consideration.  Both of these actions are consistent with the               
          making of a gift in 1990 and inconsistent with the making of a              
          gift in 1986.                                                               
               Third, petitioner did not attempt to challenge the tax                 
          treatment of the 1986 and 1990 transactions until respondent                
          discovered that petitioner had failed to include previously                 
          reported gifts on the estate tax return.                                    
               Because Hilda treated the 1986 transaction as a sale and the           
          1990 transaction as a gift for both Federal tax and State law               
          purposes prior to respondent’s audit, we hold that petitioner may           
          not now challenge Hilda’s characterization of the 1986 and 1990             
          transactions.                                                               






Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011