J.C. Shepherd - Page 59




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          determining the value of gifts under section 2512(b).  Under the            
          annual gift tax exclusion, the first $10,000 of gifts made to any           
          person is excluded from total taxable gifts.  Unlike section                
          2512(b), section 2503(b) focuses on the identity of the donee.              
          Section 2503(b) specifically addresses “gifts * * * made to any             
          person” and excludes “the first $10,000 of such gifts to such               
          person”.  In explaining the meaning of “gift” in the statute                
          providing for the annual exclusion, the Supreme Court explained:            
                    But for present purposes it is of more importance                 
               that in common understanding and in the common use of                  
               language a gift is made to him upon whom the donor                     
               bestows the benefit of his donation.  One does not                     
               speak of making a gift to a trust rather than to his                   
               children who are its beneficiaries.  The reports of the                
               committees of Congress used words in their natural                     
               sense and in the sense in which we must take it they                   
               were intended to be used in � 504(b) when, in                          
               discussing � 501, they spoke of the beneficiary of a                   
               gift upon trust as the person to whom the gift is                      
               made.* * *  Helvering v. Hutchings, 312 U.S. 393, 396                  
               (1941).                                                                

               The Supreme Court’s interpretation of the term “gift” for              
          purposes of the annual exclusion was based upon the common                  
          meaning and understanding of the term gift.  The Supreme Court’s            
          interpretation of the term gift in section 2503(b) must be                  
          contrasted with the Supreme Court’s broad interpretation of                 


               3(...continued)                                                        
               of gifts (other than gifts of future interests in                      
               property) made to any person by the donor during the                   
               calendar year, the first $10,000 of such gifts to such                 
               person shall not, for purposes of subsection (a), be                   
               included in the total amount of gifts made during such                 
               year. * * *                                                            




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