Christine M. Hackl - Page 22




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               The Court thus says that the terms “use, possess or enjoy”             
          connote the right to substantial present economic benefit.  This            
          phraseology is broad and is in no way limited to the factual                
          context presented.  It defines the root words of the regulatory             
          standard which no party disputes is a generally applicable and              
          valid interpretation of section 2503(b).  See sec. 25.2503-3,               
          Gift Tax Regs.  We therefore would be hard pressed to construe              
          “use, possession, or enjoyment” as meaning something different or           
          less than substantial present economic benefit simply because of            
          a shift in the factual scenario or form of gift to which the test           
          is being applied.  Accordingly, we are satisfied that section               
          2503(b), regardless of whether a gift is direct or indirect, is             
          concerned with and requires meaningful economic, rather than                
          merely paper, rights.                                                       
               Furthermore, this idea is buttressed by recognition that in            
          an earlier case we quoted the very language from Fondren v.                 
          Commissioner, supra, set forth above in a context that involved             
          outright gifts.  In Estate of Holland v. Commissioner, T.C. Memo.           
          1997-302, we quoted the Fondren text en route to concluding that            
          outright gifts in the form of $10,000 checks, which had been                
          properly endorsed and deposited, were gifts of a present                    
          interest.                                                                   
               In a similar vein, previous caselaw from this Court reveals            
          that the principles established in United States v. Pelzer, supra           






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