Estate of Wayne C. Bongard, Deceased, James A. Bernards, Personal Representative - Page 96

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               intent), will be considered as made for an adequate and                
               full consideration in money or money's worth.  * * *                   
          Under that regulation, transfers of property reached by the gift            
          tax include transfers where (and to the extent) the value of the            
          property transferred by the donor exceeds the value in money or             
          money’s worth (cash value) of the consideration given in exchange           
          therefor.4  A presumption of full consideration arises, however,            
          in the case of a transfer of property made in the ordinary course           
          of business; i.e., a transfer that is “bona fide, at arm’s                  
          length, and free from any donative intent”.  Id.  One consequence           
          of satisfying the ordinary-course-of-business test is that the              
          inquiry as to full consideration is avoided (and the actual fair            
          market value of the consideration given for the transferred                 
          property is irrelevant).                                                    
               B.  Approach of the Majority                                           
               On pages 19-20 of its report, the majority makes the                   
          following finding:                                                          
                    On December 28, 1996, decedent signed a letter                    
               that was written by Mr. Fullmer and addressed to                       

               4  As we have recently said:  “The meaning of the phrase ‘in           
          money or money's worth’, when it follows ‘adequate and full                 
          consideration’, has been interpreted to confine the scope of                
          ‘consideration’ to money or its equivalent; i.e., to exclude a              
          mere promise or agreement as consideration.”  Abeid v.                      
          Commissioner, 122 T.C. 404, 409 n.7 (2004); see also sec.                   
          25.2512-8, Gift Tax Regs. (“A consideration not reducible to a              
          value in money or money’s worth, as love and affection, promise             
          of marriage, etc., is to be wholly disregarded [in determining              
          adequate and full consideration], and the entire value of the               
          property transferred constitutes the amount of the gift.”).                 




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