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Joseph M Dodge

2010

Trusts

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Are Gift Demand Loans Of Tangible Property Subject To Gift Tax ?, Joseph M. Dodge Mar 2010

Are Gift Demand Loans Of Tangible Property Subject To Gift Tax ?, Joseph M. Dodge

Joseph M Dodge

The publicity surrounding a prominent political figure’s rent-free use of a portion of a friend’s house in Washington, D.C., has raised the issue of whether the rent-free use of tangible property is a gift for federal gift tax purposes. The 1984 case of Dickman v. Commissioner, 465 U.S. 330 (1984), involving an interest-free demand loan of money, intimated that such might be the case, but there has apparently been no effort by the IRS to enforce such a position. The federal gift tax will be the only federal transfer tax left standing if the estate tax and generation-skipping tax are …