Estate of Ona E. Hendrickson - Page 5




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          them.  See sec. 25.2512-8, Gift Tax Regs.  Petitioner                        
          alternatively argues that even if no bona fide farm partnership              
          existed, decedent still made no gifts of the investment income               
          because most or all of the income was spent on decedent's share              
          of the family farm's expenses.  Petitioner further asserts that              
          decedent received full consideration for any income not so spent             
          by reason of the children's performance of services for the                  
          family farm and the receipt of an indebtedness from Hendricksons             
          Enterprise, Inc., a corporation whose shares were owned by the               
          children and decedent.                                                       
               Any taxable gifts we find decedent made during 1979-93 must             
          be taken into account in computing petitioner's estate tax under             
          section 2001(b).  In addition, respondent, in a separate notice,             
          also determined deficiencies in decedent's Federal gift taxes for            
          1980-92 on the basis of the same gifts determined in the estate              
          tax notice at issue herein.  No petition was filed with this                 
          Court concerning the gift tax notice.  As of the time of trial,              
          respondent had assessed the gift tax deficiencies but had taken              
          no action to collect them.  Respondent's counsel has informed the            
          Court that respondent will follow the Court's conclusions in this            
          case as to the amount of decedent's lifetime taxable gifts, in               
          any future collection actions with respect to the gift tax                   
          assessments.  As a result, any gifts we find decedent made during            








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