- 95 - of receipt doctrines.3 Inexplicably, the majority ignore respondent’s primary contentions (i.e., that the substance over form and violation of public policy doctrines are applicable) and base their holding on an interpretation of the assignment agreement that respondent never raised. In section I, I address the majority’s holding. In sections II and III, respectively, I address respondent’s contentions relating to the substance over form and violation of public policy doctrines. I. The Majority’s Analysis of the Assignment Agreement Is Faulty The majority begin by stating correctly that the “gift tax is imposed on the value of what the donor transfers, not what the donee receives.” Majority op. p. 60. Yet, they then proceed to rely on a tortured analysis of the assignment agreement that is, ostensibly, justification for shifting the determination of transfer tax consequences from the date of the transfer (i.e., January 12, 1996, the date of the assignment setting forth what petitioners transferred) to March 1996 (i.e., the date of the confirmation agreement). The majority’s analysis of the assignment agreement requires that petitioners use the Court’s valuation to determine the value of the transferred interests, but the donees’ appraiser’s valuation to determine the percentage 3 The reasonable probability of receipt doctrine was not one of respondent’s primary contentions, but it was referenced in his opening brief.Page: Previous 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 Next
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