- 34 - 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...)Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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