Larry L. Sather, Donor, et al. - Page 10




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          equal amounts.  Each of the gifts was worth less than $10,000,              
          and Rodney paid no gift tax.                                                
               None of the brothers have any background in accounting or              
          tax.  Kaplan advised the brothers to make the transfers and                 
          advised them that these transfers would be nontaxable gifts.                
          None of the brothers' wives ever met with Kaplan, and he never              
          advised the wives.   Kaplan prepared all gift tax returns at                
          issue.                                                                      
          Respondent's Determinations                                                 
               Gift Tax Liability                                                     
               Respondent determined that the January 5, 1993, transfers by           
          Larry, Kathy, John, and Sandra to their respective nieces and               
          nephews in trust were, in substance, gifts made by each donee to            
          his or her own children in trust.  Consequently, respondent                 
          determined that each donee was entitled to only three (the number           
          of children each donee has) exemptions under section 2503(b).               
          Respondent disallowed six of the exemptions claimed by Larry,               
          Kathy, John, and Sandra on their 1993 gift tax returns relating             
          to the transfers to the nieces and nephews.  Respondent also                
          determined that Larry, Kathy, John, and Sandra were liable for              
          the accuracy-related penalty under section 6662(a).                         
               Donee Liability                                                        
               By notice of transferee liability to the Larry Trust, the              
          John Trust, and the Duane Trust, respondent determined the                  
          December 31, 1992, transfers of Sathers stock by Kathy, Sandra,             
          and Diane to each of their respective nieces and nephews in trust           


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