John A. Duncan v. United States of America, Phyllis Joyce Duncan v. United States

GEWIN, Circuit Judge:

This is an appeal from a decision of the United States District Court for the Middle District of Florida in two consolidated federal gift tax cases. The district court held that the taxpayers were not entitled to the $3,000 annual exclusion for gift tax purposes for gifts made to seven trusts, because the trusts, established for the benefit of the taxpayers’ minor grandchildren, fail to meet the requirements of Section 2503 (c) of the Internal Revenue Code of 1954. 1 The court found that the provision of the trust instrument which directs the trustee to apply any and all…