Estate of Hite v. Commissioner

OPINION

Petitioners argue first that the gifts reported as having been made in 1958 and 1959 were in fact completed gifts in 1954 (or 1956 at the latest), and, therefore, these transfers do not fall within the 3-year period specified by section 2035. Secondly, they urge that even if decedent did not make the gifts in issue until 1958 and 1959, within a period of 3 years ending with the date of his death, that the gifts were prompted by “life motives” and were not made in contemplation ■of death. Respondent opposes both contentions. He is aided by the statutory presumption of section 2035…