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Reforming the Gift Tax and Making it Enforceable

Mitchell Gans

Hofstra University - School of Law

Jay A. Soled

Rutgers University

Boston University Law Review, Forthcoming
Hofstra Univ. Legal Studies Research Paper No. 07-17

Historically, the gift tax has performed the admirable role of safeguarding the integrities of both the estate and income taxes. Due to taxpayers' abilities to narrow the gift tax base and ignore their filing obligations, however, fulfillment of its historical role is now in jeopardy. This analysis details how taxpayers circumvent their gift tax obligations and then sets forth reforms that Congress can readily institute to curb taxpayers' transgressions. Institution of these recommendations would enable the gift tax to continue to fulfill its historic functions.

Number of Pages in PDF File: 44

Keywords: gift tax, GRAT, Qprt, 2036, retained interest, integrity of the tax based, enforcement, tax gap

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Date posted: May 2, 2007  

Suggested Citation

Gans, Mitchell and Soled, Jay A., Reforming the Gift Tax and Making it Enforceable. Boston University Law Review, Forthcoming; Hofstra Univ. Legal Studies Research Paper No. 07-17. Available at SSRN: http://ssrn.com/abstract=983951

Contact Information

Mitchell M. Gans (Contact Author)
Hofstra University - School of Law ( email )
121 Hofstra University
Hempstead, NY 11549
United States
(516) 463-5876 (Phone)

Hofstra University Logo

Jay Soled
Rutgers University ( email )
180 University Avenue
Newark, NJ 07901-1825
United States
(973) 353-1727 (Phone)
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