Christine M. Hackl - Page 23




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          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 gifts             






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