Christine M. Hackl - Page 19




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               Petitioners also argue that the cases involving indirect               
          transfers through trusts and corporations are inapplicable to the           
          direct transfers at issue here.  Petitioners allege:                        
                    When an equity interest in a business (or any                     
               property) is transferred outright, the donee receives                  
               all rights in and to the equity interest (or other                     
               property) upon transfer, whatever those rights may be.                 
               The lack of any “postponement” of the donee’s rights to                
               enjoyment of the equity interest (or other property) is                
               manifestly clear. * * *                                                

          From the foregoing premise, petitioners maintain that the                   
          standards referenced to analyze whether rights are postponed when           
          interests in the subject property are held only indirectly                  
          through the conduit of a trust or corporate entity have no place            
          in the present situation.                                                   
               Conversely, respondent argues that petitioners’ transfers of           
          Treeco units fail to qualify as gifts of present interests.                 
          Respondent avers that because of the restrictions contained in              
          the Treeco Operating Agreement, the transfers fell short of                 
          conferring on the donees the requisite immediate and                        
          unconditional rights to the use, possession, or enjoyment of                
          property or the income from property.  Unlike petitioners,                  
          respondent finds the body of law regarding indirect transfers to            
          constitute “substantial analogous authority” and the principles             
          espoused therein to control the outcome of these cases.                     
          Specifically, respondent emphasizes the requirement of present              
          economic benefit and contends that the inability of the donees to           





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