- 8 - 1991 and 1992 gift tax liabilities. The trust sought refunds of the $118,801 and $304,910 gift tax deficiencies assessed for 1991 and 1992, respectively. The estate sought refunds of these same gift tax deficiencies plus the taxes originally paid with decedent’s 1991 and 1992 gift tax returns. The premise of each refund claim was that the donee children’s alleged obligations to pay additional gift and estate taxes as a condition of the gifts they received from decedent reduced the gifts’ value and the resulting gift taxes accordingly. Respondent disallowed the refund claims. The estate and the trust (collectively, the plaintiffs) filed a complaint in the U.S. District Court for the Western District of Virginia seeking a refund of the entire amount of gift taxes paid in 1991 and 1992. The District Court granted the Government’s motion for summary judgment, concluding that the donee children’s asserted obligations to pay additional gift and estate taxes were “speculative” and did not reduce the value of the gifts; moreover, noting that the donee children never in fact paid the additional gift tax as called for in the transferee agreement despite the occurrence of the liability-triggering contingency, the District Court concluded that the donee children’s asserted gift tax liabilities were “illusory.” Armstrong ex rel. Armstrong v. United States, 132 F. Supp. 2d 421, 429 (W.D. Va. 2001), affd. sub nom. Estate of Armstrong v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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