- 26 - B. Application to the Gifted Property Beginning with the property itself, we reiterate that the donees in these cases did receive, at least in the sense of title, outright possession of the Treeco units. Nonetheless, as previously explained, the simple expedient of paper title does not in and of itself create a present interest for purposes of section 2503(b) unless all the facts and circumstances establish that such possession renders an economic benefit presently reachable by the donees. It therefore is incumbent upon petitioners to show the present (not postponed) economic benefit imparted to the donees as a consequence of their receipt of the Treeco units. In considering this issue, we first address the role of the Treeco Operating Agreement in our analysis. Petitioners state that each gifted Treeco unit “represented a significant bundle of legal rights in the venture, rights which are defined by the Operating Agreement, Treeco’s Articles of Organization, and Indiana statutory and common law”. At the same time, petitioners aver: “The postponement question is not concerned with contractual rights inherent in the transferred property, but rather in whether, in the transfer of the property, the transferor imposed limitations or restrictions on the present enjoyment of the property.” They then go on to quote the language from section 25.2503-3(a), Gift Tax Regs., whichPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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