- 14 - 2041”.6 Section 2035(c) (unlike section 2035(a), for example), does not describe a “transfer” but merely requires that the gross estate be grossed up by the amount of gift taxes paid on gifts made within 3 years of the decedent’s death.7 The estate suggests that even though section 2035(c) does not explicitly refer to a “transfer”, it nevertheless must be understood to describe a “transfer” so as to implicate section 2043(a). After all, the estate observes, the estate tax is a tax on the privilege of transfer. Section 2035(c) requires payments of certain gift taxes to be included in the gross estate, the estate says. Therefore, the estate concludes, section 2035(c), in describing these gift tax payments, must describe “transfers” within the meaning of section 2043(a). We disagree. 6 Sec. 2043(a) provides: SEC. 2043(a). In General.–-If any one of the transfers, trusts, interests, rights, or powers enumerated and described in sections 2035 to 2038, inclusive, and section 2041 is made, created, exercised, or relinquished for a consideration in money or money’s worth, but is not a bona fide sale for an adequate and full consideration in money or money’s worth, there shall be included in the gross estate only the excess of the fair market value at the time of death of the property otherwise to be included on account of such transaction, over the value of the consideration received therefor by the decedent. 7 As discussed in more detail infra, this gross-up rule functions to eliminate certain disparities in the tax treatment of deathtime and lifetime transfers.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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