- 13 - contends that section 2043(a) requires such “consideration” to be netted from the gift taxes includable in decedent’s gross estate under section 2035(c). We disagree for several reasons. First, the plain language of section 2035(c) requires the gross estate to be increased by gift taxes “paid * * * by the decedent or his estate on any gift made by the decedent or his spouse * * * during the 3-year period ending on the date of the decedent’s death.” Section 2035(c) does not provide for the netting of “consideration” received for the payment of gift taxes. Second, section 2043(a), by its terms, applies to “transfers * * * described in sections 2035 to 2038, inclusive, and section 5(...continued) States, 277 F.3d at 497. The Court of Appeals noted that “the donee children have paid no gift taxes.” Id. at 496. The estate contends that in reaching these conclusions, the Court of Appeals did not thereby actually decide that there was no consideration for decedent’s 1991 and 1992 gifts; rather, the estate asserts, the Court of Appeals held only that the so-called net gift doctrine did not apply to reduce the amount of decedent’s donative transfers. The distinction that the estate seeks to draw appears based more in semantics than substance. Even if we were to accept the distinction the estate seeks to draw, however, the fact would remain, as the estate concedes, that $4,680,284 is the amount of gift taxes paid by or on behalf of decedent for gifts that decedent made in 1991 and 1992. As discussed in more detail in the text above, that concession suffices for purposes of disposing of respondent’s motion for summary judgment with respect to the application of sec. 2035(c).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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