- 15 - 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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