- 59 - 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. * * *Page: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
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