- 23 - at 403-404, and Ryerson v. United States, supra at 408, regarding contingency and joint action are not restricted in their applicability to indirect gift situations. In Skouras v. Commissioner, 14 T.C. 523, 524-525 (1950), affd. 188 F.2d 831 (2d Cir. 1951), the taxpayer assigned outright all incidents of ownership in several insurance policies on his life to his five children jointly and continued to pay the premiums thereon. Given these facts, we, citing United States v. Pelzer, supra, stated broadly that “where the use, possession, or enjoyment of the donee is postponed to the happening of future uncertain events the interest of the donee is a future interest within the meaning of the statute.” Id. at 533. Then, relying on Ryerson v. United States, supra, and in spite of the taxpayer’s argument that “there was not a grant to trust as in the Ryerson case”, we ruled that the taxpayer, by “making the assignments to his five children jointly, had postponed the possession and enjoyment of the rights and interests in and to the policies or the proceeds thereof until his death or until such time as the children, acting jointly, might change or negative the action he had thus taken.” Id. at 534. In sum, we reject petitioners’ contention that when a gift takes the form of an outright transfer of an equity interest in a business or property, “No further analysis is needed or justified.” To do so would be to sanction exclusions for giftsPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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