- 32 - 2512(b) provides that, where property is transferred for less than an adequate and full consideration in money or money's worth, the excess of the value of the property over the value of the consideration shall be deemed a gift. The purpose of this provision is to protect the estate tax, by treating as taxable gifts transfers of property that deplete what otherwise would have been included in the donor's estate at death. See Commissioner v. Wemyss, supra at 307-308. Read literally, section 2512(b) would seem to provide that every transfer of property for inadequate consideration is in part a gift--including a business transaction, in which one party simply got the better of the deal. Notwithstanding the language of section 2512(b), however, it is clear that the gift tax does not apply to ordinary business transactions. Section 25.2512-8, Gift Tax Regs., provides: “a sale, exchange, or other transfer of property made in the ordinary course of business (a transaction which is bona fide, at arm's length, and free from any donative intent), will be considered as made for an adequate and full consideration in money or money's worth.” Because a business transaction meeting this standard is deemed to be made for adequate consideration, it is not a gift for gift tax purposes--even if the consideration received by one of the parties turns out to be inadequate. See Estate of Anderson v. Commissioner, 8 T.C. 706, 720-721 (1947).Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011