Estate of Mary D. Maggos, Deceased, Catherine M. Adkins, Special Administrator - Page 7

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          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.           





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