- 20 - were made in contemplation of death (hereinafter, this is sometimes referred to as the 3-year rule).13 In Estate of Rosenberg v. Commissioner, 86 T.C. 980, 995-999 (1986), affd. without published opinion 812 F.2d 1401 (4th Cir. 1987), this Court rejected a contention that the 3-year rule violated substantive due process under the Fifth Amendment. This Court noted that in Mourning v. Family Publns. Serv., Inc., 411 U.S. 356, 377 (1973), the Supreme Court had stated that Heiner v. Donnan, supra, was inapplicable to a case involving a provision “intended as a prophylactic measure” rather than a conclusive presumption of determinative facts. Estate of Rosenberg v. Commissioner, supra at 989. Thus distinguishing Heiner v. Donnan, supra, this Court held that section 2035(a) involved a classification based upon “prophylactic” grounds and that the classification was constitutionally valid as bearing a rational relationship to the legitimate legislative goal of discouraging “the abuse of gift giving aimed at tax avoidance or gifts made as substitutes for testamentary dispositions”. Id. at 996. Similarly, in Estate of Ekins v. Commissioner, 797 F.2d 481, 485-486 (7th Cir. 1986), the U.S. Court of Appeals for the Seventh Circuit rejected a Fifth Amendment due process challenge 13 In 1981, the 3-year rule of sec. 2035(a) was made generally inapplicable to estates of decedents dying after Dec. 31, 1981, except with respect to certain specified types of transfers. Economic Recovery Tax Act of 1981, Pub. L. 97-34, sec. 424(c), 95 Stat. 317.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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