Estate of Albert Strangi - Page 37




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          not even necessary to identify the donees.  Section 25.2511-2(a),           
          Gift Tax Regs., provides:                                                   
                    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                    
               resulting to the donee from the transfer, nor is it                    
               conditioned upon ability to identify the donee at the                  
               time of the transfer.  On the contrary, the tax is a                   
               primary and personal liability of the donor, is an                     
               excise upon his act of making the transfer, is measured                
               by the value of the property passing from the donor,                   
               and attaches regardless of the fact that the identity                  
               of the donee may not then be known or ascertainable.                   
          In Robinette v. Helvering, 318 U.S. 184 (1943), the taxpayer                
          argued that there could be no gift of a remainder interest where            
          the putative remaindermen (prospective unborn children of the               
          grantor) did not even exist at the time of the transfer.  The               
          Supreme Court rejected this argument stating that the gift tax is           
          a primary and personal liability of the donor measured by the               
          value of the property passing from the donor.                               
               This case involves an attempt by a dying man (or his                   
          attorney) to transfer property to a partnership in consideration            
          for a 99-percent partnership interest that would be valued at               
          substantially less than the value of the assets transferred to              
          the partnership, while at the same time assuring that 100 percent           
          of the value of the transferred assets would be passed to                   
          decedent’s beneficiaries.  Assuming, as the majority has found,             
          that decedent’s partnership interest was worth less than the                







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