Charles T. McCord, Jr. and Mary S. McCord, Donors - Page 13

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          used to disguise the transferor.  See Schultz v. United States,             
          493 F.2d 1225, 1226 (4th Cir. 1974) (finding that brothers                  
          planned to avoid gift taxes through repeated reciprocal gifts to            
          each others’ children); Griffin v. United States, 42 F. Supp.2d             
          700, 707 (W.D. Tex. 1998) (finding that husband and wife engaged            
          in a scheme where the wife “was merely the intermediary through             
          which the stock passed on its way to the ultimate beneficiary”);            
          Estate of Murphy v. Commissioner, T.C. Memo. 1990-472                       
          (disregarding an intrafamily stock transfer where the Court found           
          an informal family agreement to control the stock collectively).            
          In Heyen v. United States, 945 F.2d 359 (10th Cir. 1991)                    
          (disregarding as shams 27 transfers of stock to intermediate                
          beneficiaries who then transferred the stock to the original                
          transferor’s family), however, the intermediary was used in an              
          attempt to disguise the transferee.  Respondent, relying on                 
          Heyen, asserts that the Symphony and CFT were merely                        
          intermediaries in petitioners’ plan to transfer their MIL                   
          interests to their sons and the trusts.                                     
               In Heyen, a taxpayer, seeking to avoid the gift tax by                 
          taking advantage of the annual gift tax exclusion, transferred              
          stock to 29 intermediate recipients, all but two of whom made               


               7(...continued)                                                        
          courts have been reluctant to use substance over form in certain            
          cases involving completed gifts to charity.  E.g., Carrington v.            
          Commissioner, 476 F.2d 704 (5th Cir. 1973) (holding, in an income           
          tax case, that where respondent seeks to use the step transaction           
          doctrine to disregard a donation of appreciated property to a               
          charitable organization, the central inquiry is whether the donor           
          parted with all dominion and control), affg. T.C. Memo. 1971-222.           



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