Linton v. United States

OPINION

Taxpayers William A. Linton and Stacy A. Linton appeal the district court’s grant of summary judgment in favor of the United States on their claim for a refund of 2003 federal gift taxes. The Lintons contend that they gifted interests in a limited liability company (“LLC”); the government contends that they gifted cash, securities, and real property. We have jurisdiction under 28 U.S.C. § 1291, and we reverse and remand for further proceedings.

The parties have assumed that in determining the character of the Lintons’ gifts, the sequencing of two transactions is “critical,” Senda v.…