Question

Robert F. and Angela M. Smith, ages 70 and 65, are retired physicians who live at 824 Randolph Street, Arlington, Texas 76099. Their 3 adult children (Albert Smith, Daniel Smith, and Ashley Turner) are mature and responsible people. The Smiths have heard that some in Congress have proposed lowering the Federal gift tax exclusion to $3 million. Although this change likely will not occur, the Smiths feel they should take advantage of the more generous exclusion available under existing law. Thus, the Smiths make transfers of many of their high value investments. These and other gifts made during 2016 are summarized below.

		Donor
Asset Transfer		Robert	Angela
Condominium located in Dallas (TX) acquired in 1999, cost $1.2 million, to Albert, Daniel, and Ashley as equal tenants in common.		$1,900,000	$1,900,000
Office building, located in Austin (TX) built in 2001, cost $1.8 million, to Albert, Daniel, and Ashley as equal tenants in common.		2,300,000	2,300,000
Vacation ranch in San Antonio (TX) inherited by Robert from his father in 1996, value then $900,000, to Albert, Daniel, and Ashley as equal joint tenants with right of survivorship.		2,600,000	–0–
Angela used her separate property to reimburse her father (Mark Johnson) for his heart bypass operation.		–0–	82,000
Paid for daughter’s (Ashley’s) wedding to Samuel Richards.		20,000	20,000
Robert used his separate property to purchase a new automobile (Mercedes) as a graduation present (from medical school) for his favorite niece (Irene Jackson)		42,000	–0–

Prepare 2016 gift tax returns (Form 709) for both of the Smiths to compute the total taxable gifts (line 3) for Robert and Angela. Stop with line 3 of page 1, but complete pages 2 and 3 of the return. Organize Schedule A by gift not by donee. You should list each qualifying gift once in each applicable section, with a note in the gift as to who the donees are. An election to split gifts is made. The Smiths have made no taxable gifts in prior years. Social Security numbers are 123-45-6789 for Robert and 123-45-6788 for Angela.

Answer 1

a. Determination of total taxable gifts ( page 1, line 3 ) is as below:

	Robert	Angela
Condominium in Conroe	$1,900,000	$1,900,000
Office Building in Round Rock	2,300,000	2,300,000
Vacation Home in Bandera	1,300,000	1,300,000
Father's Bypass Operation	41,000	41,000
Daughter's Wedding	0	0
Graduation Present	21,000	21,000
Total gifts for 2015	$5,562,000	$5,562,000
Less: Annual Exclusion ( 5 * $ 14,000 )	(70,000)	(70,000)
Taxable Gifts for the Year	$5,492,000	$5,492,000

b. Footnotes:

1. No taxable gifts would have been there if providers of medical care i.e. physicians , hospital had been paid directly . ( 2503(e)(2)(B) )

2. Paying for a child's wedding does not constitute a gift, it is satisfying an obligation of support.

3. Niece is not a dependent for Smiths. Hence obligation of support does not exist ( See Footnote 2 ).

c. Form 709 for the Smiths is as below:

1. Robert Form 709:

2. Angela's Form 709: