Michael T. Caracci and Cindy W. Caracci, et al. - Page 64




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          upon their formation.  Respondent determined that the Caracci               
          children realized gross income by virtue of the fact that the               
          Sta-Home for-profit entities, in connection with their                      
          organization, received the assets of the Sta-Home tax-exempt                
          entities.  Respondent argues in brief that the assets of the Sta-           
          Home tax-exempt entities were constructively transferred to the             
          Caracci children who, in turn, contributed those assets to the              
          Sta-Home for-profit entities.  Respondent argues in brief that              
          the constructive transfer is an accession to wealth that is                 
          includable in the Caracci children’s gross income under section             
          61.                                                                         
               We disagree with respondent that the asset transfer resulted           
          in gross income to the Caracci children.  Although section 61               
          provides broadly that gross income includes all income “from                
          whatever source derived”, section 102(a) generally exempts from             
          that provision the value of any property received by gift.  When            
          property is transferred for less than adequate and full                     
          consideration in money or money’s worth, the amount by which the            
          value of the property exceeds the value of the consideration is             
          deemed a gift.  Sec. 2512(b); Commissioner v. Wemyss, 324 U.S.              
          303 (1945); Georgia Ketterman Trust v. Commissioner, 86 T.C. 91,            
          96 (1986); Estate of Higgins v. Commissioner, T.C. Memo. 1991-47.           
          In the corporate setting, such a transfer may be a gift by the              
          donor to the individual shareholders of the corporation to the              






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