Estate of Frank Armstrong, Jr., Deceased, Frank Armstrong III, Executor - Page 34




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          from the gross estate for “all bequests, legacies, devises, or              
          gifts” to a qualifying recipient.  (Emphasis added.)                        
               The Revenue Act of 1921, ch. 136, sec. 403(a)(3), 42 Stat.             
          279, substituted for the word “gifts” the phrase “transfers,                
          except bona fide sales for a fair consideration in money or                 
          money’s worth, in contemplation of or intended to take effect in            
          possession or enjoyment at or after the decedent’s death”.  The             
          purpose of the 1921 amendment was to make “clear that gifts by              
          decedent during his lifetime for public, religious, charitable,             
          scientific, literary, educational, or other benevolent purposes             
          are not deductible where the value of the property given is not             
          required under the law to be included in * * * [the decedent’s]             
          gross estate.”  S. Rept. 275, 67th Cong., 1st Sess. (1921), 1939-           
          1 C.B. (Part 2) 181, 199; see Senft v. United States, supra at              
          644-645.18  The effect of the 1921 amendment, then, was to                  

               18 Before 1924, there was no gift tax.  There was an estate            
          tax, however, and it required inclusion in the gross estate of              
          transfers “in contemplation of or intended to take effect in                
          possession or enjoyment at or after * * * [a decedent’s] death              
          * * *, except in case of a bona fide sale for a fair                        
          consideration in money or money’s worth.”  Revenue Act of 1918,             
          ch. 18, sec. 402(c), 40 Stat. 1097.  This provision gave rise to            
          the wording of the 1921 amendment, as described in the text                 
          above.  In hearings before the Senate Committee on Finance,                 
          Dr. T.S. Adams, tax advisor, U.S. Treasury Department, had                  
          recommended the 1921 amendment, explaining its purpose as                   
          follows:                                                                    
               [The 1918 Act authorizes] deductions on account of                     
               bequests, legacies, devises, or gifts.  That word                      
               “gift” has been misused * * *; the only gifts which                    
                                                             (continued...)           





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