26 C.F.R. § 25.2503-4

Transfer for the benefit of a minor

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(a) Section 2503(c) provides that no part of a transfer for the benefit of a donee who has not attained the age of 21 years on the date of the gift will be considered a gift of a future interest in property if the terms of the transfer satisfy all of the following conditions:

(1) Both the property itself and its income may be expended by or for the benefit of the donee before he attains the age of 21 years;

(2) Any portion of the property and its income not disposed of under subparagraph (1) of this paragraph will pass to the donee when he attains the age of 21 years; and

(3) Any portion of the property and its income not disposed of under subparagraph (1) of this paragraph will be payable either to the estate of the donee or as he may appoint under a general power of appointment as defined in section 2514(c) if he dies before attaining the age of 21 years.

(b) Either a power of appointment exercisable by the donee by will or a power of appointment exercisable by the donee during his lifetime will satisfy the conditions set forth in paragraph (a)(3) of this section. However, if the transfer is to qualify for the exclusion under this section, there must be no restrictions of substance (as distinguished from formal restrictions of the type described in paragraph (g)(4) of § 25.2523(e)-1 by the terms of the instrument of transfer on the exercise of the power by the donee. However, if the minor is given a power of appointment exercisable during lifetime or is given a power of appointment exercisable by will, the fact that under the local law a minor is under a disability to exercise an intervivos power or to execute a will does not cause the transfer to fail to satisfy the conditions of section 2503(c). Further, a transfer does not fail to satisfy the conditions of section 2503(c) by reason of the mere fact that—

(1) There is left to the discretion of a trustee the determination of the amounts, if any, of the income or property to be expended for the benefit of the minor and the purpose for which the expenditure is to be made, provided there are no substantial restrictions under the terms of the trust instrument on the exercise of such discretion;

(2) The donee, upon reaching age 21, has the right to extend the term of the trust; or

(3) The governing instrument contains a disposition of the property or income not expended during the donee's minority to persons other than the donee's estate in the event of the default of appointment by the donee.

(c) A gift to a minor which does not satisfy the requirements of section 2503(c) may be either a present or a future interest under the general rules of § 25.2503-3. Thus, for example, a transfer of property in trust with income required to be paid annually to a minor beneficiary and corpus to be distributed to him upon his attaining the age of 25 is a gift of a present interest with respect to the right to income but is a gift of a future interest with respect to the right to corpus.

Notes of Decisions

Cited in 7 cases, 1964–1983 · leading case: Morgan v. Comm'r, 42 T.C. 1080 (Tax Ct. 1964).

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Morgan v. Comm'r, 42 T.C. 1080 (Tax Ct. 1964). · cites it 4× “Even though this gift may not satisfy the requirements of section 2503(c) , it may still be a present interest under section 2503(b) . See Gift Tax Regs., sec.”

Roderick v. Comm'r, 57 T.C. 108 (Tax Ct. 1971). · cites it 2× “The entire value of any gift of a future interest in property must be included in the total amount of gifts for the calendar year in which the gift is made.”

Craig v. Comm'r, 30 T.C.M. 1098 (Tax Ct. 1971). · cites it 16× “, states: * * * a transfer will not fail to satisfy the conditions of section 2503(c) by reason of the mere fact that - (1) there is left to the discretion of a trustee the determination of the amounts, if any, of the income or property to be expended for the benefit of the…”

Stuart L. Faber & Shirley E. Faber v. United States, 439 F.2d 1189 (6th Cir. 1971). · cites it 2× “2503-4 ( 26 C.F.R. § 25.2503-4 ), the validity of which the plaintiffs do not question.”

Gene Gall, & Cecile Florence Gall v. United States, 521 F.2d 878 (5th Cir. 1975). “26 C.F.R. § 25.2503-4 (b). This court has found reasonable restrictions imposed by state law to be nondisqualifying in other contexts under § 2503(c), Ross v.”

Faber v. United States, 309 F. Supp. 818 (S.D. Ohio 1969). “2503-4 (26 C. F. R. Section 25.2503-4), the validity of which the plaintiffs do not question.”

Naumoff v. Comm'r, 46 T.C.M. 852 (Tax Ct. 1983). · cites it 2× “at would otherwise be considered future interests under section 2503(b) when the property and the income from a gift "may be expended by, or for the benefit of, the donee before his attaining the age of 21 years," and to the extent not so expended, will pass to the donee on the…”

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