Christine M. Hackl - Page 16




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          III.  Caselaw Development                                                   
               The foregoing statutory and regulatory pronouncements have             
          been the subject of repeated interpretation by the Federal                  
          courts.  Much of the litigation has occurred in the factual                 
          context of gifts in trust, including a series of seminal                    
          decisions by the Supreme Court in the 1940s.  Commissioner v.               
          Disston, 325 U.S. 442 (1945); Fondren v. Commissioner, 324 U.S.             
          18 (1945); Ryerson v. United States, 312 U.S. 405 (1941); United            
          States v. Pelzer, 312 U.S. 399 (1941); Helvering v. Hutchings,              
          312 U.S. 393 (1941); see also Calder v. Commissioner, 85 T.C. 713           
          (1985); Blasdel v. Commissioner, 58 T.C. 1014 (1972), affd. 478             
          F.2d 226 (5th Cir. 1973).  Additionally, parallel to the                    
          developments in the trust area and incorporating many of the same           
          principles, a line of cases has addressed the related situation             
          where transfers of property are made to an entity with                      
          preexisting interest-holders.  See, e.g., Stinson Estate v.                 
          United States, 214 F.3d 846 (7th Cir. 2000); Chanin v. United               
          States, 183 Ct. Cl. 840, 393 F.2d 972 (1968).                               
               In both scenarios, the gift in question takes the form of an           
          indirect gift of the underlying property to the beneficiaries of            
          the trust or to those holding interests in the entity.  Helvering           











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