Estate of Pearl I. Amlie, Deceased, Rodney B. Amlie, Executor - Page 56

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          part of the consideration provided to the Rod Amlie Family to               
          enter into, and accept the responsibilities imposed on them                 
          under, the 1995 FSA.  We agree with the estate.                             
               Section 2501(a) imposes a tax on the transfer of property by           
          gift; for purposes of this section, a gift is any transfer of               
          property for less than a full and adequate consideration in money           
          or money's worth.  Sec. 2512(b).  A transfer of property made in            
          the ordinary course of business will be considered as made for an           
          adequate and full consideration in money or money's worth.  Sec.            
          25.2512-8, Gift Tax Regs.  A transfer in the ordinary course of             
          business is one that occurs as part of "a transaction which is              
          bona fide, at arm's length, and free from any donative intent".             
          Id.                                                                         
               In deciding the section 2703 issue in the estate's favor, we           
          found that the 1995 FSA was a bona fide business arrangement with           
          terms comparable to those that might be agreed to by persons                
          negotiating at arm's length.  We further held that the agreement            
          was not a device to transfer property to members of decedent's              
          family for less than full and adequate consideration in money or            
          money's worth.  The $30,000 payment by the conservator to the Rod           




               34(...continued)                                                       
          these payments de minimis, determined not to recharacterize them            
          as gifts.                                                                   





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