- 22 - 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, neitherPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011