- 10 - applied to the net asset value of the partnership assets, the following discounts should apply: Date of Minority Marketability Combined Partnership Transfer Discount Discount Discount SFLP I 12/28/98 5.88% 35% 38.82% SFLP II 12/20/99 15.44 35 45.0 SFLP II 1/31/00 17.12 35 46.13 There is no dispute as to the value of the stock without any discount. OPINION Section 2501 imposes a tax on the transfer of property by gift during the taxable year. This tax is imposed whether the transfer is in trust or otherwise and whether the gift is direct or indirect. See sec. 2511. A gift of property is valued as of the date of the transfer. See sec. 2512(a). The gift is measured by the value of the property passing from the donor, rather than by the value of the property received by the donee or upon measure of enrichment to the donee. See sec. 25.2511-2(a), Gift Tax Regs. The fair market value of the transferred property is the “price at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell, and both having reasonable knowledge of relevant facts.” Sec. 25.2512-1, Gift Tax Regs. Where property is transferred for less than adequate and full consideration inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011