§6019 — Gift tax returns
14 cases·1 followed·13 cited—7% support
Statute Text — 26 U.S.C. §6019
Any individual who in any calendar year makes any transfer by gift other than—
a transfer which under subsection (b) or (e) of section 2503 is not to be included in the total amount of gifts for such year,
a transfer of an interest with respect to which a deduction is allowed under section 2523, or
a transfer with respect to which a deduction is allowed under section 2522 but only if—
such transfer is of the donor’s entire interest in the property transferred, and
no other interest in such property is or has been transferred (for less than adequate and full consideration in money or money’s worth) from the donor to a person, or for a use, not described in subsection (a) or (b) of section 2522, or
such transfer is described in section 2522(d),
shall make a return for such year with respect to the gift tax imposed by subtitle B.
Treasury Regulations
- Treas. Reg. §Treas. Reg. §25.6019-1 Persons required to file returns
- Treas. Reg. §Treas. Reg. §25.6019-1(a) Gifts made after December 31, 1981.
- Treas. Reg. §Treas. Reg. §25.6019-1(b) Gifts made after December 31, 1976, and before January 1, 1982.
- Treas. Reg. §Treas. Reg. §25.6019-1(c) Gifts made after December 31, 1970, and before January 1, 1977.
- Treas. Reg. §Treas. Reg. §25.6019-1(d) Gifts by nonresident alien donors.
- Treas. Reg. §Treas. Reg. §25.6019-1(e) Miscellaneous provisions.
- Treas. Reg. §Treas. Reg. §25.6019-1(f) Return required even if no tax due.
- Treas. Reg. §Treas. Reg. §25.6019-1(g) Deceased donor.
- Treas. Reg. §Treas. Reg. §25.6019-1(h) Ratification of return.
- Treas. Reg. §Treas. Reg. §25.6019-2 Returns required in case of consent under section 2513
- Treas. Reg. §Treas. Reg. §25.6019-3 Contents of return
- Treas. Reg. §Treas. Reg. §25.6019-3(a) In general.
- Treas. Reg. §Treas. Reg. §25.6019-3(b) Disclosure of transfers coming within provisions of section 2516.
- Treas. Reg. §Treas. Reg. §25.6019-4 Description of property listed on return
- Treas. Reg. §Treas. Reg. §301.6019-1 Gift tax returns
14 Citing Cases
§ 6019 (requiring that “[a]ny individual who in any calendar year makes any transfer by gift” file a gift tax return, subject to certain limitations). Our interpretation of section 2519 respects this congressional choice. See, e.g., Gallardo ex rel. Vassallo v. Marstiller, 142 S. Ct. 1751, 1759 (2022) (“[W]e must give effect to, not nullify, Congre
§ 6019; Treas. Reg. § 25.2501-1(a)(1). Mr. Schlapfer filed Form 709 for 2006 on which he reported a transfer of stock by gift, but the Commissioner disagrees as to the characterization of the transferred property (EMG stock vs. UVL Policy) and the timing of the transfer (2006 vs. 2007). For purposes of this Opinion, we make no determination
nterests that petitioner assertedly had made indirectly to the Dynasty Trust through Mrs. Smaldino. 6The gift-splitting election of sec. 2513 allows married couples to treat gifts to third parties as though made one-half by each spouse. 7Pursuant to sec. 6019(2) taxpayers are not required to file gift tax returns for transfers between spouses. -14- [*14] OPINION I. General Legal Principles Section 2501 imposes a tax for each calendar year “on the transfer of property by gift” by any taxpayer. Se
A gift tax return must be filed on a Form 709. Sec. 25.6019-1(a), Gift Tax Regs. The Commissioner is generally required to assess gift tax withinthree years after a Form 709 is filed. See sec. 6501(a). The period oflimitation will commence once a taxpayer discloses a gift on a Form 709, or on a statement attachedto a Form 709, in a manne
- 32 - Stephen, the forgiveness letter addressed to him dated February 9, 1987, stated an amount forgiven of $5,000, while the Federal gift tax return filed on behalf of petitioner for 1987 reported a $20,000 gift to Stephen as a result of forgiveness of indebted- ness. With respect to Robert, the forgiveness letter addressed to him