Christine M. Hackl - Page 25




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          inconsistent with those enunciated by the Supreme Court.  See               
          Rassas v. Commissioner, 196 F.2d 611, 613 (7th Cir. 1952)                   
          (distinguishing Kieckhefer v. Commissioner, supra), affg. 17 T.C.           
          160 (1951).  Thus, instead of adopting an approach which would              
          undermine the purpose and integrity of the section 2503(b)                  
          exclusion, we for the reasons explained above conclude that                 
          petitioners are not by virtue of making outright gifts relieved             
          of showing that such gifts in actuality involved rights                     
          consistent with the standards for a present interest set forth in           
          regulations and existing caselaw.                                           
               To recapitulate then, the referenced authorities require a             
          taxpayer claiming an annual exclusion to establish that the                 
          transfer in dispute conferred on the donee an unrestricted and              
          noncontingent right to the immediate use, possession, or                    
          enjoyment (1) of property or (2) of income from property, both of           
          which alternatives in turn demand that such immediate use,                  
          possession, or enjoyment be of a nature that substantial economic           
          benefit is derived therefrom.  In other words, petitioners must             
          prove from all the facts and circumstances that in receiving the            
          Treeco units, the donees thereby obtained use, possession, or               
          enjoyment of the units or income from the units within the above-           
          described meaning of section 2503(b).                                       










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