607 to
inter vivos transfers when the property was no longer in the decedent's name at the moment of death--akin to the Parker case--and went on to hold that the task of retrieving the property for the benefit of the estate should be left to the personal representative.
Consistent findings from the US, UK, and Australia in relation to intergenerational transfers identify partners and families as prime beneficiaries and suggest the principles behind post mortem bequests favour equality and thus differ from
inter vivos transfers that are more likely to favour need (Baker & Gilding 2011).
Subsection 73(4):
Inter vivos transfer of family farm corporations and partnership.
Many high-net-worth individuals make testamentary transfers to family foundations and also
inter vivos transfers, thereby reducing both income tax while they are alive and estate tax when they die, all of which cuts deeply into tax revenues.
When the probability of
inter vivos transfers was examined, there were significant differences between the Stop Work and the No Retirement Plans categories.
Second, inheritances and
inter vivos transfers are larger among whites than among blacks because the long history of discrimination against blacks has inhibited the accumulation of wealth in the black population.
Thus, parents will prefer to make
inter vivos transfers in the form of investments (e.
The Carpenter presumption has been extended to
inter vivos transfers.
This burden is offset if owners of land give it to those who do not yet own it, either on death or through
inter vivos transfers.
However, in Bongard, (7) the Tax Court ruled that a decedent's
inter vivos transfers were includible in his estate under Sec.
Kaplow discusses the importance of different transfer motives and reconsiders the analysis in light of the importance of: human capital in intergenerational transfers; differences between
inter vivos transfers and bequests; differences between gifts to individuals and gifts to charitable institutions; differences among gifts to donees having varying relationships to the donor; and the possibility that transfers are not explained by maximizing behavior.
R's
inter vivos transfers do not qualify for the Sec.
