§2043 — Transfers for insufficient consideration
35 cases·11 followed·7 distinguished·3 criticized·2 overruled·12 cited—31% support
Statute Text — 26 U.S.C. §2043
If any one of the transfers, trusts, interests, rights, or powers enumerated and described in sections 2035 to 2038, inclusive, and section 2041 is made, created, exercised, or relinquished for a consideration in money or money’s worth, but is not a bona fide sale for an adequate and full consideration in money or money’s worth, there shall be included in the gross estate only the excess of the fair market value at the time of death of the property otherwise to be included on account of such transaction, over the value of the consideration received therefor by the decedent.
For purposes of this chapter, a relinquishment or promised relinquishment of dower or curtesy, or of a statutory estate created in lieu of dower or curtesy, or of other marital rights in the decedent’s property or estate, shall not be considered to any extent a consideration “in money or money’s worth”.
For purposes of section 2053 (relating to expenses, indebtedness, and taxes), a transfer of property which satisfies the requirements of paragraph (1) of section 2516 (relating to certain property settlements) shall be considered to be made for an adequate and full consideration in money or money’s worth.
Treasury Regulations
- Treas. Reg. §Treas. Reg. §20.2043-1 Transfers for insufficient consideration
- Treas. Reg. §Treas. Reg. §20.2043-1(a) In general.
- Treas. Reg. §Treas. Reg. §20.2043-1(b) Marital rights and support obligations.
35 Citing Cases
Furthermore, although section 2043 can entitle taxpayers to an offset for partial consideration in cases where a transfer is otherwise subject to section 2036, this section, too, is inapplicable where, as here, there has been only a recycling of value and not a transfer for consideration.
The facts made it easy to apply section 2043 in Estate ofPowell.
The facts made it easy to apply section 2043 in Estate ofPowell.
The estate is entitled to an offset of $43,878 under section 2043 for the partial consideration received by Cyril.
As more fully discussed below, section 2043 - 20 - reduces the amount that is includable under section 2036 by the value of any consideration received by the decedent.
ch of the taxable years in issue. Where, as here, an NOD includes adjustments for S corporation items with other items unrelated to the S corporation, we have jurisdiction to determine the 10 See Small Business Jobs Act of 2010, Pub. L. No. 111-240, § 2043, 124 Stat. 2504, 2560 (removing cell phones from the definition of section 280F(d)(4) listed property, and thus from the scope of section 274(d), for taxable years beginning after December 31, 2009). Even though petitioner is not required to m
estimates reflected in 9 Congress removed cellular telephones and similar communications equipment from the definition of listed property for taxable years beginning after December 31, 2009. See Small Business Jobs Act of 2010, Pub. L. No. 111-240, § 2043, 124 Stat. 2504, 2560. 15 [*15] the table pursuant to the Cohan rule or, alternatively, as a reasonable reconstruction of any expenditures subject to the section 274 strict substantiation requirements. To the extent that Mr. Anderson’s reporte
an alternative basis for disallowing them. Section 280F was amended such that cellular telephones no longer constituted “listed property” for taxable years beginning after December 31, 2009. See Small Business Jobs Act of 2010, Pub. L. No. 111-240, § 2043, 124 Stat. 2504, 2560 (2010). 25 [*25] J. Utility Expenses At issue are Genecure’s reported utility expenses totaling $8,427; $6,679; $6,702; and $5,761 for taxable years 2009–12, respectively. These expenses relate to amounts owed for natural
ny computer or peripheral equipment; any cellular telephone or similar telecommunications equipment, and any other property ofa type specified by regulation. Sec. 280F(d)(4)(A) (as amended by the Small Business Jobs Act of 2010, Pub. L. No. 111-240, sec. 2043, 124 Stat. at 2560). Deductions for the types ofexpenses listed in section 274(d) are disallowed in full unless the taxpayercan satisfy all ofthe section 274(d) substantiationrequirements. Sanford v. Commissioner, 50 T.C. 823 at 827-828. Am
ny computer or peripheral equipment; any cellular telephone or similar telecommunications equipment, and any other property ofa type specified by regulation. Sec. 280F(d)(4)(A) (as amended by the Small Business Jobs Act of 2010, Pub. L. No. 111-240, sec. 2043, 124 Stat. at 2560). Deductions for the types ofexpenses listed in section 274(d) are disallowed in full unless the taxpayercan satisfy all ofthe section 274(d) substantiationrequirements. Sanford v. Commissioner, 50 T.C. 823 at 827-828. Am
But because we are finding that the FLPs were in effect not transferred, and Thelma retained an interest in them until death, we include the entire value of the property transferred for the private annuity in her estate. - 55 - formalities. He described the transaction at trial: "Well, she's transferring, in the capacity of trustee, to
am (decedent) - 2 - under section 2036.1 Respondent concedes that decedent received $320,000 in connection with the transfer of certain limited partnership interests to her daughters, an amount which constitutes consideration within the meaning of section 2043. Additionally, respondent concedes adjustments made in the notice of deficiency for adjusted taxable gifts in the amount of $71,195 and an aggregate gift tax payable in the amount of $29,142. Because of respondent’s concessions, a Rule 155