- 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