Estate of Frank Armstrong, Jr., Deceased, Frank Armstrong III, Executor - Page 13




                                       - 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

Last modified: May 25, 2011