For Your Data Estate Of Cristofani V. Commissioner Example Brief

Estate of Cristofani v. Commissioner case brief summary
97 T.C. 74 (1991)

CASE SYNOPSIS

Petitioner estate sought review of the determination of respondent Commissioner of Internal Revenue ("IRS"), who disallowed exclusions under 26 U.S.C.S. § 2503(b) for payments past times the estate to decedent's grandchildren.

CASE FACTS

• Decedent executed an irrevocable trust to her 2 children. 
• Under the price of the trust, her 2 children, equally trustees, could each take an amount non to piece of employment past times the amount specified for the gift taxation exclusion under 26 U.S.C.S. § 2503(b). 
• Decedent died earlier she made 2 $ 70,000 transfers into the trust. 
• These transfers were non reported on federal gift taxation returns. Instead, estate claimed them equally annual exclusions for 2 years under § 2503(b)to her children together with 5 grandchildren, who held contingent balance interests inward the trust. 
• The IRS disallowed the exclusions for decedent's grandchildren. 
• The estate sought review of the IRS' decision. 

DISCUSSION

• The courtroom constitute that the estate was entitled to the exclusions for decedent's grandchildren because their correct to take an amount non to piece of employment past times the § 2503(b) exclusion represented a introduce involvement for the purposes of § 2503.

CONCLUSION
The courtroom decided that the estate was entitled to gift taxation exclusions for decedent's grandchildren because their correct to take an amount from decedent's trust non to piece of employment past times the gift taxation exclusion represented a introduce involvement for the purposes of the gift taxation exclusion.



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