Estate of Mario E. Bosca, Deceased, Marie A. Baker Formerly Marie A. Bosca, Executor - Page 22

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             Procedure.  All Rule references are to the Tax Court Rules of            
             Practice and Procedure.                                                  
                  Section 2501 imposes a tax on the transfer of property              
             by gift.  Sec. 2501(a); sec. 25.2501-1(a), Gift Tax Regs.                
             The gift tax is an excise tax on the transfer of property                
             and is not a tax on the subject of the gift.  Sec. 25.2511-              
             1(a), Gift Tax Regs.  It applies to all gift transfers                   
             whether the gift is direct or indirect, and whether the                  
             property is real or personal, tangible or intangible.  Sec.              
             2511(a); sec. 25.2511-1(a), Gift Tax Regs.  It applies not               
             only to transfers which, being without valuable                          
             consideration, accord with the common law concept of gifts,              
             but also to sales, exchanges, and other dispositions of                  
             property not made in the ordinary course of business, to                 
             the extent that the value of the property transferred by                 
             the donor exceeds the value in money or money's worth of                 
             the consideration given therefor.  Sec. 2512(b);                         
             Commissioner v. Wemyss, 324 U.S. 303, 306 (1945); sec.                   
             25.2512-8, Gift Tax Regs.                                                
                  Generally, the value of the property on the date                    
             of the gift is considered the amount of the gift.  Sec.                  
             2512(a); sec. 25.2512-1, Gift Tax Regs.  The value of                    
             the property is the price at which it would change hands                 
             between a willing buyer and a willing seller, neither                    





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