Reforming the Gift Tax and Making it Enforceable

44 Pages Posted: 2 May 2007 Last revised: 2 Aug 2014

See all articles by Mitchell M. Gans

Mitchell M. Gans

Hofstra University - School of Law

Jay A. Soled

Rutgers University

Date Written: August 1, 2007


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.

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

Suggested Citation

Gans, Mitchell M. and Soled, Jay, Reforming the Gift Tax and Making it Enforceable (August 1, 2007). 87 Boston University Law Review, &59 (2007), Hofstra Univ. Legal Studies Research Paper No. 07-17, Available at SSRN:

Mitchell M. Gans (Contact Author)

Hofstra University - School of Law ( email )

121 Hofstra University
Hempstead, NY 11549
United States
(516) 463-5876 (Phone)

Jay Soled

Rutgers University ( email )

1 Washington Park
Newark, NJ 07901-1825
United States
(973) 353-1727 (Phone)

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