- 15 - 1415, 1429 (1987). As we understand it, petitioners' argument is that all transfers by Larry, Kathy, John, Sandra, Duane, Diane, and Rodney, in each year, were really separate steps of a single transaction. Therefore, petitioners argue, the transaction must be viewed and taxed as a “whole”, and Rodney's participation destroys the reciprocal nature of the entire transaction because he received nothing in return for his gifts. To the extent petitioners suggest that Rodney's unilateral gift giving somehow validates the entire transaction and destroys the reciprocal nature of the gifts, we disagree. Rodney is a separate taxpayer whose gifts have not been challenged. That his gifts may have passed scrutiny does not dictate the result as to the other taxpayers. Rodney's participation in the gift giving in no way lends economic reality to the form in which the other donors structured the transfers, and his participation does not immunize the questioned transfers from application of the doctrine of economic substance or the reciprocal trust doctrine. This leaves the issue of whether the Larry Trust, the John Trust, and the Duane Trust are liable as transferees for the unpaid gift tax and additions to tax of Kathy, Sandra, and Diane, respectively. The second sentence of section 6324(b)4 provides 4SEC. 6324. Special Liens for Estate and Gift Taxes. (b) Lien for Gift Tax.-- * * * unless the gift tax imposed by chapter 12 is sooner paid in full or becomes unenforceable by reason of lapse of time, such tax (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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