J.C. Shepherd - Page 55




                                       - 55 -                                         
               RUWE, J., concurring in part and dissenting in part:  I                
          agree with the majority opinion except for its allowance of a 15-           
          percent valuation discount with respect to what the majority                
          describes as “indirect gifts [by petitioner] to each of his sons,           
          John and William, of undivided 25-percent interests in the leased           
          land”.  Majority op. p. 22.  In my opinion, no such discount is             
          appropriate because undivided interests in the leased land were             
          never transferred to petitioner’s sons.  The transfer in question           
          was a transfer of petitioner’s entire interest in the leased land           
          to the partnership.  This transfer was to a partnership in which            
          petitioner held a 50-percent interest.  Except for enhancing the            
          value of petitioner’s 50-percent partnership interest, he                   
          received no other consideration for the transfer.                           
               Section 2512(b) provides:                                              
               SEC. 2512.  Valuation of Gifts.                                        
                    (b) Where property is transferred for less than an                
               adequate and full consideration in money or money’s                    
               worth, then the amount by which the value of the                       
               property exceeded the value of the consideration shall                 
               be deemed a gift, and shall be included in computing                   
               the amount of gifts made during the calendar year.                     
               The Supreme Court has described previous versions of the               
          gift tax statutes (section 501 imposing the tax on gifts and                
          section 503 which is virtually identical to present section                 
          2512(b)) in the following terms:                                            









Page:  Previous  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  Next

Last modified: May 25, 2011