J.C. Shepherd - Page 56




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                    Sections 501 and 503 are not disparate provisions.                
               Congress directed them to the same purpose, and they                   
               should not be separated in application.  Had Congress                  
               taxed “gifts” simpliciter, it would be appropriate to                  
               assume that the term was used in its colloquial sense,                 
               and a search for “donative intent” would be indicated.                 
               But Congress intended to use the term “gifts” in its                   
               broadest and most comprehensive sense.  H. Rep. No.                    
               708, 72d Cong., 1st Sess., p.27; S. Rep. No. 665, 72d                  
               Cong., 1st Sess., p.39; cf. Smith v. Shaughnessy, 318                  
               U.S. 176; Robinette v. Helvering, 318 U.S. 184.                        
               Congress chose not to require an ascertainment of what                 
               too often is an elusive state of mind.  For purposes of                
               the gift tax it not only dispensed with the test of                    
               “donative intent.”  It formulated a much more workable                 
               external test, that where “property is transferred for                 
               less than an adequate and full consideration in money                  
               or money’s worth,” the excess in such money value                      
               “shall, for the purpose of the tax imposed by this                     
               title, be deemed a gift...”  And Treasury Regulations                  
               have emphasized that common law considerations were not                
               embodied in the gift tax.  [Commissioner v. Wemyss, 324                
               U.S. 303, 306 (1945); fn. ref. omitted.]                               
               The Supreme Court described the objective of these statutory           
          provisions as follows:                                                      
               The section taxing as gifts transfers that are not made                
               for “adequate and full [money] consideration” aims to                  
               reach those transfers which are withdrawn from the                     
               donor’s estate. * * * [Id. at 307.]                                    
               Under the applicable statutory provisions, it is unnecessary           
          to consider the value of what petitioner’s sons received in order           
          to determine the value of the property that was transferred.                
          Indeed, the regulations provide that it is not even necessary to            
          identify the donee.1  The regulations provide that the gift tax             


               1Sec. 25.2511-2(a), Gift Tax Regs.:                                    
                    SEC. 25.2511-2.  Cessation of donor’s dominion and                
               control. (a) The gift tax is not imposed upon the                      
               receipt of the property by the donee, nor is it                        
               necessarily determined by the measure of enrichment                    
                                                             (continued...)           


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