Elizabeth B. Miller - Page 15

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          testimonial evidence presented by petitioners to sustain their              
          burden of establishing error in respondent's determinations.  See           
          Lerch v. Commissioner, 877 F.2d 624, 631-632 (7th Cir. 1989),               
          affg. T.C. Memo. 1987-295; Geiger v. Commissioner, 440 F.2d 688,            
          689-690 (9th Cir. 1971), affg. per curiam T.C. Memo. 1969-159;              
          Tokarski v. Commissioner, 87 T.C. 74, 77 (1986).  With respect to           
          the documentary evidence, certain documents in the record                   
          contradict other documents and/or testimony.  Under such                    
          circumstances, we are not required to, and we do not, rely on the           
          documentary evidence presented by petitioners to sustain their              
          burden of showing error in respondent's determinations.                     
               Section 2501(a)(1) generally imposes a tax for each calendar           
          year on the transfer of property by gift during such year by an             
          individual.  Although the Code does not explicitly define what              
          constitutes a gift for purposes of section 2501(a)(1), section              
          2512(b) provides:  "Where property is transferred for less than             
          an adequate and full consideration in money or money's worth,               
          then the amount by which the value of the property exceeded the             
          value of the consideration shall be deemed a gift".  Section                
          25.2511-1(g)(1), Gift Tax Regs., provides in pertinent part:                
               Donative intent on the part of the transferor is not an                
               essential element in the application of the gift tax to                
               the transfer.  The application of the tax is based on                  
               the objective facts of the transfer and the circumstan-                
               ces under which it is made, rather than on the subjec-                 
               tive motives of the donor. * * *  The gift tax is not                  
               applicable to a transfer for a full and adequate con-                  
               sideration in money or money's worth, or to ordinary                   
               business transactions, described in �25.2512-8.                        



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