- 55 -
percent. Therefore, to a great extent, the children's services
were performed on (or with respect to) their own land and did not
substantially benefit decedent.
In addition, the children were, of course, decedent's
children. The children worked only part time for the family
farm, and their services were not of great value. To the extent
the children's services benefited decedent, the services were
well within the range of activities children in the prime of life
normally perform for their elderly parents, out of love and
affection. Moreover, there is no credible evidence that the
children's services were bargained for; i.e., that decedent
agreed at arm's length to exchange some of her investment income
for any services performed.
A transfer of property does not constitute a gift to the
extent consideration in money or in money's worth is received in
exchange therefor. See sec. 2512(b). However, in order for
consideration to be taken into account for gift tax purposes, it
must benefit the transferor; detriment to the transferee is not
sufficient. See Commissioner v. Wemyss, 324 U.S. at 307-308. In
addition, the consideration must be bargained for, at least in
the family context. See Rohmer v. Commissioner, 21 T.C. 1099,
1103-1104 (1954) (wife's asserted professional services rendered
with respect to husband/author's novel were not consideration for
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