Ina F. Knight - Page 16




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          a value that would cause a part of the transfer to be taxable,                
          that part of the transfer would revert to the donor.  The U.S.                
          Court of Appeals for the Fourth Circuit described this provision              
          as a condition subsequent, and held that it was void as against               
          public policy.  See Commissioner v. Procter, supra at 827.                    
               We need not decide whether Procter and Ward control here                 
          because we disregard the stated $300,000 gift value for other                 
          reasons.  First, petitioners reported on their gift tax returns               
          that they each gave two 22.3-percent interests in the                         
          partnership.  Contrary to the transfer document, they did not                 
          report that they had given partnership interests worth $300,000.              
          We believe this shows their disregard for the transfer document,              
          and that they intended to give 22.3-percent interests in the                  
          partnership.5                                                                 
               Second, even though petitioners contend that respondent is               
          limited to the $300,000 amount, i.e., that the gifts were for                 
          $300,000 and thus cannot be worth more than $300,000, petitioners             
          contend that the gifts are each worth less than $300,000.  In                 
          fact, petitioners offered expert testimony to show that each gift             
          was worth only $263,165.  We find petitioners’ contentions to be              
          at best inconsistent.  We treat petitioners’ contention and offer             

               5  Gifts of 22.3-percent partnership interests are at odds               
          with the appraisal which valued a 22.22222-percent interest at                
          the $300,000 amount specified in the transfer document.                       
          Petitioners do not explain this discrepancy between the transfer              
          document and their returns.                                                   





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