Estate of Robert V. Schuler - Page 12




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          his wife created a substantially identical trust for his benefit.           
          In holding that for Federal estate tax purposes each settlor will           
          be considered the creator of the trust that is in form created by           
          the other, the Supreme Court stated:                                        
               It is undisputed that the two trusts are interrelated.                 
               They are substantially identical in terms and were                     
               created at approximately the same time.  Indeed, they                  
               were part of a single transaction designed and carried                 
               out by decedent.  It is also clear that the transfers                  
               in trust left each party, to the extent of mutual                      
               value, in the same objective position as before.                       
               Indeed, it appears, as would be expected in transfers                  
               between husband and wife, that the effective position                  
               of each party vis-a-vis the property did not change at                 
               all.  It is no answer that the transferred properties                  
               were different in character.  For purposes of the                      
               estate tax, we think that economic value is the only                   
               workable criterion.  [Id. at 325.]                                     
               In the instant case, the transfers were not made in trust;             
          however, that is a distinction without a difference.  "The law              
          searches out the reality and is not concerned with the form."               
          Lehman v. Commissioner, 109 F.2d 99, 100 (2d Cir. 1940), affg. 39           
          B.T.A. 17 (1939); see also United States v. Estate of Grace,                
          supra at 321.  Thus, the same principle and much of the same                
          factors of the reciprocal trust doctrine are considered in the              
          reciprocal transaction doctrine, which applies to reciprocal                
          indirect transfers of a present interest.                                   
               For instance, in Furst v. Commissioner, T.C. Memo. 1962-221,           
          this Court found that where six donors each made transfers of               
          shares of stock to members of his or her immediate family, and              
          transfers of the same stock in the same amounts to members of               





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