Larry L. Sather, Donor, et al. - Page 2




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               consequences.  L, J, D, and their wives each made                      
               transfers of S-co stock to their own children and gifts                
               to each of their nieces and nephews, on the same date                  
               and in equal amounts.  The transfers to the nieces and                 
               nephews were just under the $10,000 annual exclusion                   
               per donee of sec. 2503(b), I.R.C., and each donor                      
               claimed nine annual exclusions (three for their                        
               children and six for the nieces and nephews).  After                   
               the transfers, each niece and nephew was left with the                 
               same amount of S-co stock from his and her aunts and                   
               uncles.  On the same date, R also made  gifts of S-co                  
               stock in equal amounts to L, J, D, their wives, and his                
               9 nieces and nephews.                                                  
                    Held:  Under the reciprocal trust doctrine, L and                 
               J (and their wives K and S) are treated as the donors                  
               of the stock that each of his or her children                          
               ultimately received from his or her aunts and uncles,                  
               and each donor is entitled to three annual exclusions                  
               under sec. 2503(b), I.R.C.  R's unilateral gifts have                  
               no effect on the reciprocal nature of the gifts by the                 
               other donors.  Held, further, the accuracy-related                     
               penalty under sec. 6662(a), I.R.C., is not sustained as                
               to L and J and is sustained as to K and S.                             

               Richard M. Colombik and Mark E. Menacker, for petitioners.             
               Donna C. Hansberry, for respondent.                                    


                       MEMORANDUM FINDINGS OF FACT AND OPINION                        

               LARO, Judge:  These cases are before the Court consolidated            
          for trial, briefing, and opinion.  Respondent determined the                
          following deficiencies in gift tax and accuracy-related                     
          penalties:                                                                  











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