- 11 - were, in substance, transfers to each of their own children in trust.3 Respondent determined Kathy, Sandra, and Diane were each entitled to three exemptions under section 2503(b), and respondent disallowed the six exemptions claimed regarding transfers to the nieces and nephews. Consequently, respondent determined that the Larry Trust, the John Trust, and the Duane Trust were, as the recipients of the transferred property, liable as transferees for the unpaid gift tax liability of Kathy, Sandra, and Diane. OPINION We must peel away the veil of cross-transfers to seek out the economic substance of the foregoing series of transfers. Petitioners bear the burden of disproving respondent's determination as to the tax deficiencies and accuracy-related penalties. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Respondent bears the burden of proving the elements for transferee liability. See sec. 6902(a). Section 2501(a) imposes a tax “on the transfer of property by gift”, and section 2511(a) provides that “the tax imposed by section 2501 shall apply * * * whether the gift is direct or indirect”. Section 2503(b) excludes from the definition of “taxable gifts” the first $10,000 of gifts to any person during 3As to the underlying liability, respondent has never issued a notice of deficiency to any of the related donors; namely, Kathy, Sandra, and Diane.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