- 9 - v. United States, 682 F.2d 1220, 1224 (5th Cir. 1982), as does a transfer that is made without an independent appraisal of the underlying property, Bergeron v. Commissioner, T.C. Memo. 1986-587. A gift also may arise from a transfer without an arm's-length negotiation over the purchase price, see Righter v. United States, 258 F. Supp. 763, 767-768 (W.D. Mo. 1966), revd. and remanded on another issue 400 F.2d 344 (8th Cir. 1968), when the effect of a transfer is to remove the donor from a business that he or she created, Galluzzo v. Commissioner, T.C. Memo. 1981-733, or when the moving impulse for a transfer is the desire to pass assets on to a family member, Robinette v. Helvering, 318 U.S. 184, 187-188 (1943). Transfers between family members are subject to strict scrutiny, and the presumption is that such transfers are gifts. Harwood v. Commissioner, 82 T.C. 239 (1984), affd. without published opinion 786 F.2d 1174 (9th Cir. 1986); Estate of Reynolds v. Commissioner, 55 T.C. 172, 201 (1970); Mercil v. Commissioner, 24 T.C. 1150, 1153 (1955); see Muserlian v. Commissioner, 932 F.2d 109, 112 (2d Cir. 1991), affg. T.C. Memo. 1989-493. Our review of the record in the light most favorable to the nonmoving party (i.e., respondent) convinces us that genuine issues as to material fact remain to be decided by the Court. Petitioner claims that the record shows clearly that Ms. Maggos was defrauded because she transferred her PCAB shares for lessPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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