Estate of Robert V. Schuler - Page 11




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          includable in the gross estate.  See id.                                    
               In general, a tax is imposed for each calendar year on the             
          transfer of property by gift by any individual, whether the gift            
          is made directly or indirectly.  See secs. 2501(a), 2511(a).  The           
          term "taxable gifts" means the total amount of gifts made during            
          the calendar year, less certain deductions.  See sec. 2503(a).              
          However, the first $10,000 of gifts of a present interest in                
          property made by a donor to any person in a calendar year are               
          excluded from taxable gifts.  See sec. 2503(b).                             
               As a general rule, we respect the form of a transaction.  We           
          do not apply the substance over form principles unless the                  
          circumstances so warrant.  See Gregory v. Helvering, 293 U.S. 465           
          (1935); Estate of Jalkut v. Commissioner, 96 T.C. 675, 686                  
          (1991).                                                                     
               The reciprocal trust doctrine, an application of substance             
          over form, has been used in the estate and gift tax area to                 
          determine who is the transferor of property for the purposes of             
          inclusion in the gross estate.  See United States v. Estate of              
          Grace, 395 U.S. 316, 321 (1969).  Recently, in Sather v.                    
          Commissioner, T.C. Memo. 1999-309, this Court applied the                   
          reciprocal trust doctrine to reduce the number of present                   
          interest annual exclusions for gift tax purposes.                           
               In United States v. Estate of Grace, supra, Joseph P. Grace            
          created a trust for the benefit of his wife and, 2 weeks later,             






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