Differences Matter - Despite IRS Loss in Brother's Case, True Gift from the 1970s Found in Later Case
Back about a month ago we wrote about the gift tax case of the Estate of Edward Redstone where the Tax Court found that, due to litigation with his father, a transfer in trust for his children was not a taxable gift. The Court found the transfer had been for full and adequate consideration due to the issues related to the litigation and it did not matter the children had not provided such consideration.
Edward's brother Sumner also transferred shares to trust around the same time and, again, the IRS raised the gift issue. But this time the results would be different.
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