- 7 - The burden of proving the absence of any genuine issue of material fact is on the moving party, and factual inferences are viewed in the light most favorable to the nonmoving party. United States v. Diebold, Inc., 369 U.S. 654, 655 (1962); Boyd Gaming Corp. v. Commissioner, supra at 347; Kroh v. Commissioner, 98 T.C. 383, 390 (1992); Preece v. Commissioner, 95 T.C. 594, 597 (1990). Petitioner argues that its motion should be granted given that it is indisputable that Ms. Maggos did not make a gift of her stock to Nikita Maggos because she lacked a donative intent when she sold her stock to PCAB. We disagree. Property transferred by gift is subject to the Federal gift tax, sec. 2501(a); see also sec. 2511(a), and "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", sec. 2512(b). The transfers reached by the Federal gift tax spans are not confined to those that would be termed "gifts" under the common law. Whereas a gift in the common law sense requires a donative intent, delivery by the donor, and acceptance by the donee, 38 Am. Jur. 2d, Gifts, sec. 18, at 820 (1968), a gift for Federal gift tax purposes encompasses sales and other exchanges of property in which the value of the property transferred is more than the value of the consideration received.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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