Question
What you think about this andtell me if you agree or disagree? In 2017, the IRS determined that Mary had made taxable gifts in 2009
What you think about this andtell me if you agree or disagree?
In 2017, the IRS determined that Mary had made taxable gifts in 2009 when she shifted some of the lottery winnings to family members. She made the gifts by having 51% of the Robertson Corporation stock issued to them. (As Robertson is an S corporation, the lottery income passes through to the shareholders.)
Mary disputed the gift tax assessment by contending that her actions were required by the Robertson family agreement. Under this agreement, it was understood that each member would take care of the others in the event he or she came into a "substantial amount" of money. Because Mary was bound by the Robertson family agreement, she was compelled to relinquish any right to 51% of the Robertson stock. Thus, the satisfaction of an obligation is not a gift. As no gift occurred, the imposition of the gift tax is not appropriate.
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