Estate of Robert V. Schuler - Page 10




                                       - 10 -                                         
                                       OPINION                                        
               Respondent determined that decedent's transfers of Sigco and           
          Minn-Kota stock during 1994 and 1995 to his brother's family were           
          reciprocated or "crossed" and, in substance, gifts to decedent's            
          own children and their families.  Accordingly, respondent                   
          disallowed the annual exclusions for gifts of a present interest            
          for decedent's transfers of stock to his brother's family and               
          increased the amount of taxable gifts reported on decedent's                
          estate tax return.                                                          
               The estate contends that respondent's determination is                 
          erroneous because the transfers at issue were made for a business           
          purpose, and decedent's intent in making the transfers was                  
          donative.                                                                   
               Section 2001(a) provides that a tax is imposed on the                  
          transfer of the taxable estate of every decedent who is a citizen           
          or resident of the United States.  The tax imposed is equal to              
          the excess of a tentative tax computed on the sum of the taxable            
          estate and the adjusted taxable gifts over the aggregate amount             
          of tax that would have been payable with respect to gifts made by           
          the decedent after December 31, 1976, using the unified rate                
          schedule in effect at the date of death.  See sec. 2001(b).  The            
          term "adjusted taxable gifts" means the total amount of the                 
          taxable gifts (within the meaning of section 2503) made by the              
          decedent after December 31, 1976, other than gifts which are                






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