Estate of Ona E. Hendrickson - Page 31




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               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.  Section              





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