9th Circuit reverses summary judgment to government regarding gift tax

In Linton v. United States, No. 09-35681 (9th Cir. 2011), the Ninth Circuit held that the district court's summary judgment for the government denying the refund to the taxpayer for gift taxes paid was improper.  Specifically, the Ninth Circuit held that "[g]enuine issues of material fact exist as to the sequence of transactions by which the gifts were made."  The Ninth Circuit remanded to the district court to determine the proper sequence of the transactions and to determine when the taxpayer first manifested an intent to make the gift.

Posted by Joseph Siegmann, Associate Editor, Wealth Strategies Journal.