- 2 - 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:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011