- 26 - According to petitioner, the decedent "made a direct transfer of his voting rights to his sons"; he "did not * * * transfer his voting shares to HBC for less than adequate and full consideration in money or money's worth". Therefore, according to petitioner, "respondents [sic] reliance on �2512(b) and Treas. Reg. �2511-1(h)(1) [sic] has no basis in fact or law, makes no sense, and is a totally unreasonable and unrealistic approach to this case." We also reject this argument. First, there is nothing in section 2512 or the cases decided thereunder to suggest that section 2512(a) applies to "direct gifts" in which the donor receives nothing in return or receives some part of the gift, and section 2512(b) applies to other gifts in which the donor receives back property rights that are different from, or in addition to, the donor's property rights in the gift. Section 2512(a) is a general provision dealing with "gifts" that are "made in property". It provides that the value of the property on the date of the gift shall be considered the amount of the gift. Sec. 2512(a). The statute provides no definition of the term "gift", but, as noted above, Congress intended to use the term in its broadest and most comprehensive sense. Commissioner v. Wemyss, 324 U.S. at 306; H. Rept. 708,Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011