Christine M. Hackl - Page 34




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          distribution policy failed to satisfy members.  As a result, the            
          facts in this case convince us that any economic benefit the                
          donees may ultimately obtain from their receipt of the Treeco               
          units is future, not present.  In other words, the economic                 
          benefit has been postponed in a manner contrary to the regulatory           
          and judicial pronouncements establishing the meaning of a present           
          interest gift for purposes of section 2503(b).                              
               Additionally, we note that the fact the parties have                   
          stipulated a value for the Treeco units does not affect the                 
          foregoing analysis.  Although petitioners mention this fact                 
          repeatedly, it has long been established that “the crucial thing            
          is postponement of enjoyment, not the fact that the beneficiary             
          is specified and in esse or that the amount of the gift is                  
          definite and certain.”  Fondren v. Commissioner, 324 U.S. at 26-            
          27.  Entity interest values can be based, as the facts and                  
          circumstances indicate is the case here, on the worth of                    
          underlying assets and the future income potential they represent,           
          neither of which may be presently reachable.  We therefore hold             
          that petitioners are not entitled to exclusions under section               
          2503(b) for their gifts of Treeco units.                                    
               To reflect the foregoing,                                              


                                                  Decisions will be entered           
                                             under Rule 155.                          






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