- 64 - Gift Tax Regs., Robinette v. Helvering, 318 U.S. 184, 186 (1943), and other cases therein); see also sec. 25.2512-8, Gift Tax Regs. This is the “estate depletion” theory of the gift tax2, given its most cogent expression by the Supreme Court in Commissioner v. Wemyss, 324 U.S. 303, 307-308 (1945): The section taxing as gifts transfers that are not made for “adequate and full [money] consideration” aims to reach those transfers that are withdrawn from the donor’s estate. To allow detriment to the donee to satisfy the requirement of “adequate and full consideration” would violate the purpose of the statute and open wide the door for evasion of the gift tax. See 2 Paul, supra [Federal Estate and Gift Taxation (1942)] at 1114.3 The logic and the sense of the estate depletion theory require that a donor’s simultaneous or contemporaneous gifts to or for the objects of his bounty be unitized for the purpose of 2 See, e.g., Lowndes et al., Federal Estate and Gift Taxes 356 (1974); Solomon et al., Federal Taxation of Estates, Trusts and Gifts 191 (1989). 3 The Paul treatise, cited twice with approval in Commissioner v. Wemyss, 324 U.S. 307, 308 (1948), put it this way: It is Congress’s intention to reach donative transfers which diminish the taxpayer’s estate. The existence of “an adequate and full consideration in money or money’s worth” which is not received by the taxpayer has that very same effect. Since the section is aimed essentially at “colorable family contracts and similar undertakings made as a cloak to cover gifts,” it is fair to assume that Congress intended to exempt transfers only to the extent that the taxpayer’s estate is simultaneously replenished. The consideration may thus augment his estate, give him a new right or privilege, or discharge him from liability. [2 Paul, Federal Estate and Gift Taxation, 1114-1115 (1942); citations omitted.]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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