- 61 - transferee, at the direction of the transferor, to pay the transferor's expenses. We have found that the net aggregate cash needs of the family farm from 1979 to 1993 did not exceed $239,184. We believe, however, that even if decedent's investment income had been used to pay this entire amount, only a portion of the amount should be considered to be decedent's expenses, for the following reason. Petitioner asserts that an individual may consume her own income as she wishes, without making a taxable gift. Petitioner also claims that decedent deeply desired to preserve the family farm. Accordingly, petitioner asserts that decedent, who had both emotional and ownership interests in the family farm land, could have spent as much money as she wanted on the farm without making a taxable gift--even if she received no pecuniary return on her investment. As a general principle, petitioner is undoubtedly correct that an individual is under no duty to invest her property productively. Indeed, an individual may consume or even squander her property without making a gift. See Dickman v. Commissioner, 465 U.S. at 340. However, when an individual transfers her property (or the use of her property) to members of her family without receiving adequate consideration for it in money orPage: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Next
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