- 15 - Italian Government would seize her assets following her marriage to an Italian citizen, she created the trust to protect her property against confiscation. On a Federal gift tax return, she reported as a gift the value of the assets transferred less a retained life estate. The Commissioner determined that she made a gift of the entire trust fund since she reserved only an expectancy of income. We rejected the latter contention and held that the taxpayer properly deducted the value of a life estate because, under State law, her creditors could reach the maximum amount of the trust income. Reasoning that the taxpayer could borrow money and then relegate her creditors to the trust for repayment, we noted that she “[obtained] the enjoyment and economic benefit of the full amount of the trust income.” Id. at 187. The facts in this case require a similar conclusion. Under State law, the Danzig claimants had several options to recover the assets transferred. As their form of relief, they sought a money judgment against the transferee, permitting them to reach the mineral interests. Thus, like the taxpayer in Paolozzi v. Commissioner, supra, petitioner continued to enjoy those interests by forcing his creditors to look to the donee for settlement of their claims. In these circumstances, it is apparent that petitioner did not surrender such dominion and control over the properties as to result in taxable gifts.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011