Christine M. Hackl - Page 15




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          2503.  Section 2503(a) provides generally that taxable gifts                
          means the total amount of gifts made during the calendar year,              
          less specified deductions.  Section 2503(b), however, excludes              
          from taxable gifts the first $10,000 “of gifts (other than gifts            
          of future interests in property) made to any person by the donor            
          during the calendar year”.  In other words, the donor is entitled           
          to an annual exclusion of $10,000 per donee for present interest            
          gifts.                                                                      
               Regulations promulgated under section 2503 further elucidate           
          this concept of present versus future interest gifts, as follows:           
                    Future interests in property.--(a) No part of the                 
               value of a gift of a future interest may be excluded in                
               determining the total amount of gifts made during the                  
               “calendar period” * * *.  “Future interest” is a legal                 
               term, and includes reversions, remainders, and other                   
               interests or estates, whether vested or contingent, and                
               whether or not supported by a particular interest or                   
               estate, which are limited to commence in use,                          
               possession, or enjoyment at some future date or time.                  
               The term has no reference to such contractual rights as                
               exist in a bond, note (though bearing no interest until                
               maturity), or in a policy of life insurance, the                       
               obligations of which are to be discharged by payments                  
               in the future.  But a future interest or interests in                  
               such contractual obligations may be created by the                     
               limitations contained in a trust or other instrument of                
               transfer used in effecting a gift.                                     
                    (b) An unrestricted right to the immediate use,                   
               possession, or enjoyment of property or the income from                
               property (such as a life estate or term certain) is a                  
               present interest in property. * * * [Sec. 25.2503-3,                   
               Gift Tax Regs.]                                                        










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