- 36 - observed: “The word ‘gifts’ as used in the 1918 Act and the word ‘transfers’ used in later revenue acts have been construed in their setting by the Supreme Court of the United States and given identical effect.” Senft v. United States, 319 F.2d at 645 (citing Taft v. Commissioner, 304 U.S. at 358, and YMCA v. Davis, 264 U.S. 47, 50 (1924)). Clearly, the payments of decedent’s Federal gift taxes, either during his lifetime or after his death, do not represent donative transfers, nor were they for exclusively public purposes. Accordingly, the estate is entitled to no deduction under section 2055(a) for the gift tax payments. The estate acknowledges that “allowing a charitable deduction would frustrate the intent of Congress in enacting section 2035(c)” by effectively negating the effect of the gross- up rule. The estate suggests, however, that Congress must have intended this peculiar distortion of the statutory framework, as demonstrated by its failure to make “conforming provisions” to section 2055(a) when it enacted section 2035(c). We disagree. The simpler explanation is that the estate’s interpretation of section 2055(a) has long been understood to be incorrect. 19(...continued) death. See H. Rept. 1, 69th Cong., 1st Sess. (1925), 1939-1 C.B. (Part 2) 315, 325.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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