Christine M. Hackl - Page 20




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          freely transfer the units or to compel distributions from the               
          entity prevented them from receiving any such benefit on account            
          of the transfers.  Thus, in respondent’s view, the gifts                    
          postponed any economic benefit and therefore were of future                 
          interests.                                                                  
          V.  Analysis                                                                
               A.  Applicable Standards                                               
               As framed by the parties’ contentions, a threshold issue we            
          must address is the extent to which the standards expressed in              
          the decided cases interpreting section 2503(b) are pertinent                
          here.  As petitioners correctly note, the property with which we            
          are concerned in this matter is an ownership interest in an                 
          entity itself, rather than an indirect gift in property                     
          contributed to the entity.  Treeco was duly organized and                   
          operating as an LLC, units of which under Indiana law are                   
          personal property separate and distinct from the LLC’s assets.              
          See Ind. Code Ann. secs. 23-18-1-10, 23-18-6-2 (West 1994).                 
          Nonetheless, while State law defines property rights, it is                 
          Federal law which determines the appropriate tax treatment of               
          those rights.  United States v. Natl. Bank of Commerce, 472 U.S.            
          713, 722 (1985); Knight v. Commissioner, 115 T.C. 506, 513                  
          (2000).  It thus is Federal law which controls whether the                  
          property rights granted to the donees as LLC owners under State             








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