Estate of Ona E. Hendrickson - Page 32




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          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).                                    





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