- 75 - question of whether a charitable donee will ever receive gifted property; Commissioner v. Procter, 142 F.2d 824 (4th Cir. 1944), applying public policy principles to the question of whether abusive valuation or adjustment clauses are to be respected. With regard to Judge Foley’s criticism of these doctrines, see dissenting op. pp. 94-95, 107-108, I would suggest that the reasonable probability and public policy doctrines should not be confined to stale factual situations involved in old cases. To the contrary, these doctrines live and breathe and have a life that should be broad and flexible enough to apply to contemporary and overly aggressive gift and estate tax planning (such as that involved herein)--particularly where charity is involved. With regard further to the nature or extent of the gift to charity involved herein, I would emphasize that not “all” of petitioners’ MIL partnership interest was transferred. Respondent argues that “all” of petitioners’ MIL partnership interest was transferred, but petitioners contend otherwise, and the majority opinion concludes that something less than all of petitioners’ interest in the MIL partnership was transferred (namely, only an “assignee” interest was transferred). See majority op. pp. 19-24. In light of the majority’s conclusion in that regard, had respondent argued in the alternative that the “partial interest” gift rules of section 2522(c)(2) and section 25.2522(c)-3(c), Gift Tax Regs., were applicable to petitioners’Page: Previous 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Next
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