Pettus v. Comm'r of Internal Revenue
Decision Date | 27 January 1970 |
Docket Number | Dockets Nos. 2496-67— 2499-67,5075-67,5076-67. |
Citation | 54 T.C. 112 |
Parties | JAMES T. PETTUS, JR., ET AL.,1 PETITIONERS v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT |
Court | U.S. Tax Court |
OPINION TEXT STARTS HERE
Donald E. Fahey and William A. Ens, for the petitioners.
Charles B. Tetrick, for the respondent.
Petitioners established identical trusts for the benefit of each of their minor children. Each trust instrument provided that the income of the trust was to be paid to the beneficiary or accumulated as the trustee determined in his uncontrolled discretion. The principal of each trust could be invaded only if the trustee determined that the beneficiary was ‘in need of funds,‘ because of ‘illness, infirmity or disability, either mental or physical.’ The trustee was granted discretion to add accumulated income to the principal, and was also granted other extensive administrative powers. Disposition of the accumulated income and principal of the trusts satisfied the requirements of sec. 2503(c) (2), I.R.C. 1954. Held, petitioners' gifts to the trusts were gifts of present interests to the extent of the value of the income portions thereof and gifts of future interests to the extent of the value of the remainders. Held, further, petitioner June B. Pettus is not liable for additions to the tax under sec. 6651(a), I.R.C. 1954, for the years 1959 through 1963, since her failure to file gift tax returns for those years was due to reasonable cause.
Respondent determined deficiencies in petitioners' gift tax and additions to the tax as follows:
+------------------------------------------------------------------+ ¦ ¦ ¦ ¦ ¦ ¦ +-------------------+----------+-----+------------+----------------¦ ¦ ¦ ¦ ¦ ¦Additions to ¦ +-------------------+----------+-----+------------+----------------¦ ¦Petitioner ¦Docket No.¦Year ¦Deficiencies¦the tax, ¦ +-------------------+----------+-----+------------+----------------¦ ¦ ¦ ¦ ¦ ¦sec. 6651(a) [2]¦ +-------------------+----------+-----+------------+----------------¦ ¦ ¦ ¦ ¦ ¦ ¦ +-------------------+----------+-----+------------+----------------¦ ¦ ¦ ¦ ¦ ¦ ¦ +-------------------+----------+-----+------------+----------------¦ ¦ ¦ ¦(1963¦$1,724.06 ¦$86.20 ¦ +-------------------+----------+-----+------------+----------------¦ ¦James T. Pettus, Jr¦2496-67 ¦(1964¦3,269.40 ¦ ¦ +-------------------+----------+-----+------------+----------------¦ ¦ ¦ ¦ ¦ ¦ ¦ +-------------------+----------+-----+------------+----------------¦ ¦ ¦ ¦(1962¦67.50 ¦ ¦ +-------------------+----------+-----+------------+----------------¦ ¦Philip K. Crowe ¦2497-67 ¦(1963¦97.50 ¦ ¦ +-------------------+----------+-----+------------+----------------¦ ¦ ¦ ¦(1964¦156.92 ¦ ¦ +-------------------+----------+-----+------------+----------------¦ ¦ ¦ ¦ ¦ ¦ ¦ +-------------------+----------+-----+------------+----------------¦ ¦ ¦5076-67 ¦1965 ¦215.16 ¦ ¦ +-------------------+----------+-----+------------+----------------¦ ¦ ¦ ¦(1962¦675.00 ¦ ¦ +-------------------+----------+-----+------------+----------------¦ ¦Irene Pettus Crowe ¦2498-67 ¦(1963¦675.00 ¦ ¦ +-------------------+----------+-----+------------+----------------¦ ¦ ¦ ¦(1964¦672.52 ¦ ¦ +-------------------+----------+-----+------------+----------------¦ ¦ ¦5075-67 ¦1965 ¦669.52 ¦ ¦ +-------------------+----------+-----+------------+----------------¦ ¦ ¦ ¦ ¦ ¦ ¦ +-------------------+----------+-----+------------+----------------¦ ¦ ¦ ¦(1959¦321.54 ¦80.38 ¦ +-------------------+----------+-----+------------+----------------¦ ¦ ¦ ¦(1960¦971.68 ¦242.92 ¦ +-------------------+----------+-----+------------+----------------¦ ¦ ¦ ¦(1961¦1,340.16 ¦335.04 ¦ +-------------------+----------+-----+------------+----------------¦ ¦June B. Pettus ¦2499-67 ¦(1962¦860.62 ¦215.15 ¦ +-------------------+----------+-----+------------+----------------¦ ¦ ¦ ¦(1963¦1,240.76 ¦310.19 ¦ +-------------------+----------+-----+------------+----------------¦ ¦ ¦ ¦(1964¦2,685.04 ¦ ¦ +-------------------+----------+-----+------------+----------------¦ ¦ ¦ ¦ ¦ ¦ ¦ +------------------------------------------------------------------+
Respondent has conceded that no addition to the tax is due from petitioner James T. Pettus, Jr., for the year 1963. The issues remaining for decision are:
(1) Whether petitioners' gifts in trust for the benefit of their minor children were gifts of present interests in property under section 2503(b) and (c), so as to entitle each petitioner to an exclusion from taxable gifts of $3,000 per year for each donee.
(2) Whether petitioner June B. Pettus is liable for additions to the tax under section 6651(a) for failure to file gift tax returns for the years 1959 through 1963.
(3) Whether respondent, in the notice of deficiency, correctly computed the gift tax liability of petitioner James T. Pettus, Jr., for the years 1963 and 1964.
James T. Pettus, Jr. (hereinafter referred to as Pettus), and June B. Pettus are husband and wife. Their legal residence at the time their petitions were filed was London, England. Pettus filed gift tax returns for 1959 through 1964, and June filed a gift tax return for 1964, with the district director of internal revenue, St. Louis, Mo. June did not file gift tax returns for 1959 through 1963.
Philip K. Crowe (hereinafter Crowe) and Irene Pettus Crowe are husband and wife. Their legal residence at the time their petitions were filed was R.D. 4, Easton, Md. Irene filed gift tax returns for 1962 through 1965 with the district director of internal revenue, St. Louis, Mo. Crowe did not file gift tax returns for those years.
Pettus and Irene made the gifts involved herein, but the gift tax liabilities of their spouses are also at issue because they consented to have the gifts considered as having been made one-half by each of them.
On the dates indicated Pettus orally declared separate, identical, irrevocable trusts for the benefit of his minor children as follows:
+------------------------------------------------------------+ ¦Date of Declaration ¦Beneficiary ¦Date of Birth ¦ +---------------------+----------------------+---------------¦ ¦ ¦ ¦ ¦ +---------------------+----------------------+---------------¦ ¦Mar. 9, 1956 ¦Winston Albert Pettus ¦Oct. 6, 1955 ¦ +---------------------+----------------------+---------------¦ ¦Mar. 11, 1957 ¦Katherine Irene Pettus¦Nov. 13, 1956 ¦ +---------------------+----------------------+---------------¦ ¦May 26, 1958 ¦Ruth Eva Pettus ¦Oct. 27, 1957 ¦ +---------------------+----------------------+---------------¦ ¦July 22, 1960 ¦William W. Pettus ¦July 1, 1960 ¦ +------------------------------------------------------------+
At the time of the creation of each trust, and on various subsequent dates, Pettus transferred certain assets to the trustee of the various trusts.
On April 9, 1962, these trusts were reduced to writing and incorporated into one trust agreement, which provides, in pertinent part, as follows:
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