- 56 - 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.Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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