- 19 - 2. Did Petitioner Make Direct Gifts to His Sons? Petitioner deeded the leased land and bank stock to the partnership. Whatever interests his sons acquired in this property they obtained by virtue of their status as partners in the partnership. Clearly, then, contrary to one of respondent’s alternative arguments, petitioner did not make direct gifts of these properties to his sons. Cf. LeFrak v. Commissioner, supra (transfer by donor-father of buildings to himself and his children as tenants in common, “d.b.a.” (doing business as) one of various partnerships formed later the same day to hold the particular building conveyed, represented direct gifts to the children of the father’s interest in the buildings). 3. Did Petitioner Make Indirect Gifts to His Sons? A gift may be direct or indirect. See sec. 25.2511-1(a), Gift Tax Regs. The regulations provide the following example of a transfer that results in an indirect taxable gift, assuming that the transfer is not made for adequate and full consideration: “A transfer of property by B to a corporation generally represents gifts by B to the other individual shareholders of the corporation to the extent of their 10(...continued) Bittker & Lokken, Federal Taxation of Income, Estates and Gifts, par. 120.1.3, at 120-6 (2d ed. 1993) (the transfer of property at death is “a sufficient condition–-but not a necessary one–-for a constitutional tax. By holding that a tax on a transfer at death is not a direct tax, the Court did not imply that a tax on something other than a transfer at death is a direct tax”).Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011