Estate of Robert V. Schuler - Page 13




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          each other donor's immediate family, the transfers, in reality,             
          gave the members of a donor's family all of the stock that donor            
          transferred.  Therefore, we held that the number of annual                  
          exclusions would be determined by the number of recipients in               
          each donor's immediate family.                                              
               Moreover, in Schultz v. United States, 493 F.2d 1225, 1226             
          (4th Cir. 1974), the taxpayer transferred stock in a closely held           
          corporation to each of his three children and to each of the                
          three children of his brother.  On that same day, the taxpayer's            
          brother transferred the same number of shares to each of his                
          three children and to each child of the taxpayer.  The court                
          held, without deciding whether United States v. Estate of Grace,            
          supra, would apply with equal force to indirect gifts, that a               
          reasonable jury could have concluded that the taxpayer intended             
          to benefit his children by the transfers, rather than those of              
          his brother.  Accordingly, the court sustained the Commissioner's           
          disallowance of the annual exclusion for gifts the taxpayer                 
          claimed for the transfers to his brother's children.                        
               The facts of the instant case prove conclusively that the              
          transfers at issue were reciprocal; that is, decedent's transfers           
          to his brother's family were made in exchange for George's                  
          transfers to decedent's family members.                                     
               The parties stipulated that the brothers' motivations in               
          making the transfers included the desire to separate ownership of           






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