Estate of Arthur C. Edwards, Deceased, Kenneth Edwards, Edward Edwards and James Edwards, As Trustees of the Arthur C. Edwards Settlement Trust, Personal Representative - Page 13

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                    The rationale of both the Harris and Converse                     
               decisions rests basically on the divorce court's power,                
               if not duty, to settle property rights as between the                  
               parties, either by adopting their own agreement as in                  
               the Harris case, or by having the matter litigated as                  
               in the Converse case.  We do not find this rationale                   
               applicable to a decree ordering payments to adult                      
               offspring of the parties or to minors beyond their                     
               needs for support--the only payments with which we are                 
               now concerned, since that part of the taxpayer's                       
               undertakings necessary for the support of his children                 
               during their minority is concededly not taxable.                       
               [Citations omitted].  While neither the Nevada statute,                
               Nev. Comp. Laws secs. 9462, 9463 (Supp. 1931-1941),                    
               [Fn. ref. omitted.] nor interpretive decisions indicate                
               the precise limits of the divorce court's authority in                 
               this area, courts of other jurisdictions operating                     
               under similar statutes have been restricted in their                   
               power to make awards of property to children to amounts                
               appropriate merely for the maintenance of minor                        
               children.  [Citations omitted.] * * *.  But since such                 
               a decree provision depends for its validity wholly upon                
               the consent of the party to be charged with the                        
               obligation and thus cannot be the product of litigation                
               in the divorce court, we do not consider the rationale                 
               of the Harris decision applicable to the present case.                 
               We therefore conclude that the arrangements here made                  
               for the taxpayer's daughters beyond their support                      
               during minority do not obtain exemption from the                       
               federal gift tax by simply receiving the court's                       
               imprimatur. * * *                                                      
          Rosenthal v. Commissioner, supra at 508.  Like the taxpayer in              
          Rosenthal, petitioner has not demonstrated that the California              
          divorce court had the power to modify the provisions of the                 
          property settlement agreements that dealt with the agreed-upon              
          transfers to the Edwards children.  Further, significant policy             
          concerns are raised by expanding the rule in Harris v. Commis-              
          sioner, supra, to cover transfers made to a spouse's children.              
          As we have noted:  "To construe the statute as suggested by                 
          petitioner would open a means for a divorcing parent to transfer            




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