-11- petitioner retained a tax attorney to advise him in his work as personal representative of decedent's estate. The tax attorney discussed the transfers with petitioner, concluded that the transfers were gifts, and prepared gift tax returns. Petitioner and decedent's other personal representative signed both returns and filed them with the Internal Revenue Service in April 1993. Decedent's personal representatives reported on decedent's estate tax return that she had a gross estate of $869,391.85. II. OPINION A. Whether Decedent Made Taxable Gifts in 1980 and 1983 When She Transferred Undivided One-half Interests in Timberland to Petitioner 1. Background and Contentions of the Parties Respondent determined and contends that decedent's transfers of undivided one-half interests in timberland to petitioner in 1980 and 1983 were taxable gifts. Petitioners contend that decedent made the transfers in the ordinary course of business to compensate petitioner for his many years of work for her and that decedent lacked donative intent. A transfer of property is not a taxable gift if it is made in the ordinary course of business (i.e., is bona fide, at arm's length, and without donative intent), even if the transfer is for less than adequate and full consideration. Estate of Anderson v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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