- 31 - B. Broad Definition of "Taxable Gift" The Federal gift tax applies to "the transfer of property by gift" by any individual. Sec. 2501(a). Section 2503 defines the amount of an individual's "taxable gifts". Under that section, an individual's taxable gifts for any gift tax period means the total amount of "gifts" made during that period, less certain deductions and exclusions not relevant here (other than the $3,000 or $10,000 annual exclusion for gifts to any individual, set forth in section 2503(b)). The terms "gift" and "the transfer of property by gift" cover a wide range of transactions. In Commissioner v. Wemyss, 324 U.S. 303, 306 (1945), the Supreme Court laid down the principle that Congress intended to use the term "gifts" in its broadest and most comprehensive sense. The Supreme Court in Wemyss noted the "evident desire of Congress to hit all the protean arrangements which the wit of man can devise that are not business transactions within the meaning of ordinary speech". Id. The Court in Wemyss also stated that donative intent on the part of the transferor is not an essential element in the application of the gift tax to a transfer of property. See id. The gift tax provisions of the Code evince--and the gift tax regulations promulgated thereunder carry out--this congressional intent to apply the gift tax to a broad range of transactions. See sec. 2512(b); sec. 25.2511-1(g)(1), Gift Tax Regs. SectionPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011