9 limitation unless the language or necessary implication of the section involved makes its application dependent on state law. [United States v. Pelzer, 312 U.S. 399, 402-403 (1941) (refusing to apply Alabama law to determine whether an interest was a future interest for purposes of section 504(b), the predecessor to section 2035(b))]. Thus, we do not need to apply Virginia law to ascertain what precise future interest was held by the grandchildren. The annual per donee exclusion is not available for future interests. Sec. 2503(b). A future interest is any interest or estate, vested or contingent, limited to commence in possession or enjoyment at a future date. United States v. Pelzer, supra. Accordingly, no annual exclusions are available for the future interests in the grandchildren. We conclude, for these reasons, that the lifetime gift made by decedent in 1986, with a value of $51,372.50 ($71,372.50 less $20,000 for exclusions pursuant to section 2503(b)), shall be treated as an adjusted taxable gift for purposes of section 2001(b). Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011