26 U.S.C. § 2511

Transfers in general

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(a) Scope

Subject to the limitations contained in this chapter, the tax imposed by section 2501 shall apply whether the transfer is in trust or otherwise, whether the gift is direct or indirect, and whether the property is real or personal, tangible or intangible; but in the case of a nonresident not a citizen of the United States, shall apply to a transfer only if the property is situated within the United States.

(b) Intangible propertyFor purposes of this chapter, in the case of a nonresident not a citizen of the United States who is excepted from the application of section 2501(a)(2)—(1) shares of stock issued by a domestic corporation, and(2) debt obligations of—(A) a United States person, or(B) the United States, a State or any political subdivision thereof, or the District of Columbia,which are owned and held by such nonresident shall be deemed to be property situated within the United States.(Aug. 16, 1954, ch. 736, 68A Stat. 406; Pub. L. 89–809, title I, § 109(b), Nov. 13, 1966, 80 Stat. 1575; Pub. L. 107–16, title V, § 511(e), June 7, 2001, 115 Stat. 71; Pub. L. 107–147, title IV, § 411(g)(1), Mar. 9, 2002, 116 Stat. 46; Pub. L. 111–312, title III, § 302(e), Dec. 17, 2010, 124 Stat. 3302.)Editorial NotesAmendments

2010—Subsec. (c). Pub. L. 111–312 struck out subsec. (c). Text read as follows: “Notwithstanding any other provision of this section and except as provided in regulations, a transfer in trust shall be treated as a transfer of property by gift, unless the trust is treated as wholly owned by the donor or the donor’s spouse under subpart E of part I of subchapter J of chapter 1.”

2002—Subsec. (c). Pub. L. 107–147 substituted “transfer of property by gift,” for “taxable gift under section 2503,”.

2001—Subsec. (c). Pub. L. 107–16 added subsec. (c).

1966—Subsec. (b). Pub. L. 89–809 inserted reference to nonresidents who are excepted from the application of section 2501(a)(2) and expanded section to include debt obligations of United States persons or the United States, a State or any political subdivision thereof, or the District of Columbia.

Statutory Notes and Related SubsidiariesEffective Date of 2010 Amendment

Amendment by Pub. L. 111–312 applicable to estates of decedents dying, generation-skipping transfers, and gifts made, after Dec. 31, 2009, see section 302(f) of Pub. L. 111–312, set out as a note under section 2001 of this title.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–147 effective as if included in the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, Pub. L. 107–16, to which such amendment relates, see section 411(x) of Pub. L. 107–147, set out as a note under section 25B of this title.

Effective Date of 2001 Amendment

Amendment by Pub. L. 107–16 applicable to gifts made after Dec. 31, 2009, see section 511(f)(3) of Pub. L. 107–16, set out as a note under section 2502 of this title.

Effective Date of 1966 Amendment

Amendment by Pub. L. 89–809 applicable with respect to calendar year 1967 and all calendar years thereafter, see section 109(c) of Pub. L. 89–809, set out as a note under section 2501 of this title.

Notes of Decisions

Cited in 21 cases, 1970–2011 · leading case: Jewett v. Comm'r, 455 U.S. 305 (1982).

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Jewett v. Comm'r, 455 U.S. 305 (1982). · cites it 2× “" 26 U. S. C. § 2511 (a). [4] "The gift tax also applies to gifts indirectly made.”

United States v. Irvine, 511 U.S. 224 (1994). · cites it 2× “" 26 U. S. C. § 2511 (a). [4] The following is the relevant text of the 1958 regulation then in effect: "The gift tax also applies to gifts indirectly made.”

J. C. Shepherd v. Comr. of IRS, 283 F.3d 1258 (11th Cir. 2002). “See 26 U.S.C. § 2511 (a) (instructing gift tax applies "whether the gift is direct or indirect”); Dickman v.”

Linton v. United States, 630 F.3d 1211 (9th Cir. 2011). “” 26 U.S.C. § 2511 (a). The parties call on us to determine when the Lintons donated the LLC interests to their children’s trusts: Did they do so before they funded the LLC (so the Lin-tons would potentially be liable for the full value of the assets conferred, as an indirect…”

Lois P. Cottrell v. Comm'r of Internal Revenue, 628 F.2d 1127 (8th Cir. 1980). “” This regulation is the agency’s interpretation of 26 U.S.C. § 2511 which states that gift tax is imposed “whether the transfer is in trust or otherwise, whether the gift is direct or indirect, and whether the property is real or personal, tangible or intangible * * * No…”

Frank Armstrong, Jr. Trust Ex Rel. Arm. v. United States, 132 F. Supp. 2d 421 (W.D. Va. 2001). “See 26 U.S.C. § 2511 (a). The value of a gift of property on the date the gift is made shall be considered the amount of the gift.”

Marien E. Durst & G. Chester Durst, Executors of the Est. of John E. Dieteman, Deceased v. The United States of Am., 559 F.2d 910 (3rd Cir. 1977). “Although the regulation was adopted in 1958 under the 1954 code, the statutory language which it explicates under the 1954 code, 26 U.S.C. § 2511 (a), is the same as that which governed transfers under the 1939 code.”

Nelda Huebner Leggett, in the Matter of the Est. of Nelda Huebner Leggett, Deceased v. United States v. Patricia Huebner Schuette, 120 F.3d 592 (5th Cir. 1997). “Title 26 U.S.C. § 2511 (a), which defines “transfer” and “property” for purposes of the gift tax, does not adopt state law.”

Emmett J. Doerr v. United States, 819 F.2d 162 (7th Cir. 1987). · cites it 2× “II The federal gift tax statute imposes a tax upon “the transfer of property by gift.”

Keinath v. Comm'r, 480 F.2d 57 (8th Cir. 1973). · cites it 2× “The Tax Court upheld the Commissioner’s assessments by relying on 26 U.S.C. § 2511 (a), 3 Treas.Reg. § 25.2511-1(c) (1958), 4 and Kathryn S.”

Est. of Joseph A. Vak, Deceased, Joseph R. Vak, Pers. Rep. v. Comm'r of Internal Revenue, 973 F.2d 1409 (8th Cir. 1992). “26 U.S.C. § 2511 (a) (1988). A gift is complete *1412 if the donor retains no power to change the disposition of the property.”

McDonald v. Comm'r, 853 F.2d 1494 (8th Cir. 1988). “” 26 U.S.C. § 2511 (a). Moreover, in construing the gift tax provisions, “ ‘[t]he terms “property,” “transfer,” “gift,” and “indirectly” are used in the broadest and most comprehensive sense; the term “property” reaching every species of right or interest protected by law and…”

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— 26 U.S.C. § 2511(a) — 1 case

Bishop v. United States, 338 F. Supp. 1336 (N.D. Miss. 1970).

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