Kieckhefer v. Commissioner of Internal Revenue

MAJOR, Chief Judge.

This appeal involves a deficiency in petitioner’s gift tax for the taxable year 1945, during which'he made a gift in trust to a minor grandson. The question for decision is whether the Tax Court correctly sustained the Commissioner’s determination that such gift was of a future interest so as to preclude the statutory exclusion of $3,000, as provided for in § 1003(b)(3) of the Internal Revenue Code, Title 26 U.S. C.A. § 1003(b)(3).

The taxpayer, a resident of Prescott, Arizona, but for many years engaged in business in Milwaukee, Wisconsin, in the year 1944 consulted his…