Open Access. Powered by Scholars. Published by Universities.®
Taxation-Federal Estate and Gift Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Estates and Trusts (28)
- Tax Law (27)
- Taxation-Federal (19)
- Family Law (7)
- Property Law and Real Estate (4)
-
- Legislation (3)
- Taxation-State and Local (3)
- Accounting Law (1)
- Banking and Finance Law (1)
- Comparative and Foreign Law (1)
- Economics (1)
- Education Law (1)
- Entertainment, Arts, and Sports Law (1)
- Food and Drug Law (1)
- Legal Education (1)
- Nonprofit Organizations Law (1)
- Social and Behavioral Sciences (1)
- State and Local Government Law (1)
- Institution
-
- University of Baltimore Law (13)
- University of Michigan Law School (12)
- Maurer School of Law: Indiana University (3)
- Maurice A. Deane School of Law at Hofstra University (3)
- Pace University (2)
-
- Pepperdine University (2)
- The University of Akron (2)
- University of Oklahoma College of Law (2)
- Boston University School of Law (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Duquesne University (1)
- University of Florida Levin College of Law (1)
- University of Georgia School of Law (1)
- University of Kentucky (1)
- University of Maryland Francis King Carey School of Law (1)
- Vanderbilt University Law School (1)
- Publication Year
- Publication
-
- All Faculty Scholarship (13)
- Articles (6)
- Michigan Law Review (5)
- ACTEC Law Journal (3)
- Articles by Maurer Faculty (3)
-
- Akron Law Review (2)
- Elisabeth Haub School of Law Faculty Publications (2)
- Chicago-Kent Law Review (1)
- Cleveland State Law Review (1)
- Duquesne Law Review (1)
- Faculty Articles (1)
- Faculty Scholarship (1)
- Georgia Journal of International & Comparative Law (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Kentucky Law Journal (1)
- Maryland Law Review (1)
- Oklahoma Law Review (1)
- Other Publications (1)
- Pepperdine Law Review (1)
- UF Law Faculty Publications (1)
- Vanderbilt Law Review (1)
- Publication Type
Articles 31 - 48 of 48
Full-Text Articles in Taxation-Federal Estate and Gift
The Funding Of Children's Educational Costs, Douglas A. Kahn
The Funding Of Children's Educational Costs, Douglas A. Kahn
Articles
A plan for reduction of educational costs should take federal transfer taxes into account. The method chosen for reducing income tax liability usually will involve making gifts. To the extent that it is convenient to do so, the transfer tax consequences of making such gifts should be minimized. This article will examine the estate and gift tax consequences of the income tax reduction arrangements described herein and will consider means of structuring the transactions so as to minimize those consequences.
Donee Payment Of Gift Tax: Crane, Old Colony Trust, And The Need For Congressional Action, Michigan Law Review
Donee Payment Of Gift Tax: Crane, Old Colony Trust, And The Need For Congressional Action, Michigan Law Review
Michigan Law Review
The net gift theory achieves results that comport with congressional policy, but its focus on donative intent finds little support in the Code. The part-sale, part-gift theory undermines Congress' policy toward gifts, but follows logically from the Supreme Court's decision in Old Colony Trust. The Note concludes, therefore, that Congress should amend the Code to make clear that liability for gift taxes is shared by donors and donees. By ensuring that donee payments of gift taxes would riot constitute taxable gain to donors, this amendment would eliminate the inconsistency between Congress' goals and its operative language.
With Strings Attached: Federal Income Tax Consequences To Donors Of Conditional Gifts, Andrew C. Siminerio
With Strings Attached: Federal Income Tax Consequences To Donors Of Conditional Gifts, Andrew C. Siminerio
Duquesne Law Review
Because giving a gift involves tax consequences to the donors, they have made various successful attempts to shift the tax burden to the recipients. The author examines the question whether the amount of gift tax paid by a recipient in this case nonetheless should be considered part of the donor's taxible [sic] income to the extent the tax exceeds the donor's basis in the gift property. After reviewing the basic approaches in the federal courts for answering the question, he suggests an approach he believes best reflects the policies underlying the Internal Revenue Code and existing case law.
The Changing Meaning Of "Gift": An Analysis Of The Tax Court's Decision In Carson V. Commissioner, Jeffrey Schoenblum
The Changing Meaning Of "Gift": An Analysis Of The Tax Court's Decision In Carson V. Commissioner, Jeffrey Schoenblum
Vanderbilt Law Review
This Article will focus on the Carson case in an effort to identify the emerging meaning, if any, of gift. Following a consideration of the factual background of the case in Part II, Part HI will analyze critically and in-depth each of the five Carson opinions in an effort to decipher the various currents at play and any common ground that may still be shared by a majority of the court. Finally, Part IV will consider the decision's likely consequences and the long-term prospects for a settled meaning for gift, one that is not only workable, as is the case …
Federal Taxation Of Gifts, Trusts And Estates, John L. Peschel
Federal Taxation Of Gifts, Trusts And Estates, John L. Peschel
Michigan Law Review
A Review of Federal Taxation of Gifts, Trusts and Estates by Douglas A. Kahn and Lawrence W. Waggoner
Recent Developments In Gift And Estate Taxation, Douglas A. Kahn
Recent Developments In Gift And Estate Taxation, Douglas A. Kahn
Other Publications
A summarization of recent tax cases.
Transactions Subject To Gift Tax, Douglas A. Kahn, Earl M. Colson
Transactions Subject To Gift Tax, Douglas A. Kahn, Earl M. Colson
Articles
The gift tax is imposed on the "transfer of property by gift." The term gift is not expressly defined either in the Code or in the Treasury Regulations. However, section 2512(b), dealing with the valuation of gifts, states that "where property is transferred for less than an adequate and full consideration in money or money's worth," the difference between the value of the property transferred and the consideration received constitutes a gift. Thus, for gift tax purposes, the determination of whether a gift was made does not turn so much on the intent of the transferor as it does on …
Implications Of Minority Interest And Stock Restrictions In Valuing Closely-Held Shares, Alan L. Feld
Implications Of Minority Interest And Stock Restrictions In Valuing Closely-Held Shares, Alan L. Feld
Faculty Scholarship
The federal estate and gift taxes levy on the gratuitous transfer of wealth by both testamentary and lifetime disposition. The amount of the tax depends on the value placed on the property transferred by the decedent or donor. When the property transferred consists of shares of stock in a closely held corporation, there often exists no ready market to help in valuation. As a result, the value of the shares used to compute the federal estate or gift tax must be determined first by appraising the value of the enterprise, and then by allocating some portion of that value to …
Kahn, Colson, & Craven: Federal Taxation Of Estates, Gifts, And Trusts, Richard D. Hobbet
Kahn, Colson, & Craven: Federal Taxation Of Estates, Gifts, And Trusts, Richard D. Hobbet
Michigan Law Review
A Review of Federal Taxation of Estates, Gifts, and Trusts by Douglas A. Kahn, Earl M. Colson, and George Craven
A Guide To The Estate And Gift Tax Amendments Of 1970, Douglas A. Kahn
A Guide To The Estate And Gift Tax Amendments Of 1970, Douglas A. Kahn
Articles
The Excise, Estate, and Gift Tax Adjustment Act of 1970 [Pub. L. No. 91-614 (Dec. 31, 1970) made a number of amendments to the federal estate and gift tax laws. The estate tax laws were amended to shorten the period of time for filing estate tax returns and for the alternate valuation date and for several related items. In addition, for income tax purposes, the holding period of property that was included in a decedent's gross estate and that was acquired from the decedent was altered; and fiduciaries were granted additional means of obtaining a discharge of their personal liability …
Restructuring Federal Estate And Gift Taxes: Impact Of Proposed Reforms On Estate Planning, Verner F. Chaffin
Restructuring Federal Estate And Gift Taxes: Impact Of Proposed Reforms On Estate Planning, Verner F. Chaffin
Michigan Law Review
It is undeniable that estate and gift taxes, in contrast to income taxes, have not received the legislative attention that they deserve. Congress has largely ignored these important segments of our tax structure for many years, and during that time a host of defects and inequities have become apparent. This congressional indifference in the estate and gift tax field can be attributed to the fact that these taxes, unlike the income tax, affect relatively few people, and that they produce less than two per cent of our total tax revenue. It is understandable, therefore, that while the major thrust of …
Transactions Subject To The Federal Gift Tax, Douglas A. Kahn
Transactions Subject To The Federal Gift Tax, Douglas A. Kahn
Articles
The federal gift tax was first enacted in 1924, approximately eight years after the adoption of the estate tax. As originally enacted, the tax was largely ineffective because it was computed on an annual basis without regard to gifts made in prior years.
Joint Tenancies And Tenancies By The Entirety In Michigan—Federal Gift Tax Considerations, Douglas A. Kahn
Joint Tenancies And Tenancies By The Entirety In Michigan—Federal Gift Tax Considerations, Douglas A. Kahn
Articles
The establishment of joint tenancy' ownership of property, or the termination of such a tenancy, may have federal gift tax consequences to the co-owners of the property. Consequently, the gift tax is a factor to be weighed before embarking on either of these ventures. The gift tax consequences are determined by the nature of the property rights enjoyed by the joint tenants under the controlling state property law, and accordingly it is desirable, where Michigan property law is applicable, to consider the Michigan law and the significance of that law to the operation of the gift tax. However, before discussing …
Income Tax Aspects Of Gifts And Leasebacks Of Business Property In Trust, William W. Oliver
Income Tax Aspects Of Gifts And Leasebacks Of Business Property In Trust, William W. Oliver
Articles by Maurer Faculty
Rental deductions for a grantor who transfers property used in his business into a short term trust and then leases it back have been at issue in three recent cases, with the deduction being denied in two of the three cases. Some of the concepts used by the courts in these cases are of doubtful help in analyzing the problems, and there is a need for further clarification before tax consequences can be predicted with a reasonable degree of assurance. There is a possibility that the income will be taxed to the trust, even though a deduction is denied the …
Taxation - Federal Income Tax - Right Of Donee To Deduct Expense Of Contesting Gift Tax Asserted Against Donor, William J. Wise S.Ed.
Taxation - Federal Income Tax - Right Of Donee To Deduct Expense Of Contesting Gift Tax Asserted Against Donor, William J. Wise S.Ed.
Michigan Law Review
ln 1948 taxpayer's mother gave him 410 shares of stock in the family enterprise. She filed a gift tax return, but the government, in auditing it, disagreed with her valuation of the stock. Donor had no desire to contest the government's valuation, but since his mother and father still held substantial stock in the business which would eventually go to him, donee desired a lower valuation for estate tax evidentiary purposes. Allegedly fearing personal liability for any deficiency assessed against his mother as well as a lien against the corpus of the gift for any unpaid tax, he decided to …
State And Federal Taxation: Gifts To Or For Minors, Byron E. Bronston
State And Federal Taxation: Gifts To Or For Minors, Byron E. Bronston
Articles by Maurer Faculty
No abstract provided.
Tax Problems Of Revocable Trusts, Byron E. Bronston
Tax Problems Of Revocable Trusts, Byron E. Bronston
Articles by Maurer Faculty
No abstract provided.
What Is A Gift?, Herbert Rand