CHAPTER 4—Gift Taxes page
Volume 53 Part I United States Statutes at Large (1939)
Sec. 1000. Imposition of Tax
(a) For the calendar year 1940 and each calendar year thereafter a tax, computed as provided in section 1001, shall be imposed upon the transfer during such calendar year by any individual, resident or non-resident, of property by gift. Gift taxes for the calendar years 1932-1939, inclusive, shall not be affected by the provisions of this chapter, but shall remain subject to the applicable provisions of the Revenue Act of 1932, except as such provisions are modified by legislation enacted subsequent to the Revenue Act of 1932. [Section 1001, See Diedrich v. Commissioner 457 U.S. 191 (1982). [Bold emphasis added]
(b) The tax 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 non-resident not a citizen of the United States, shall apply to a transfer only if the property is situated within the United States. [Bold emphasis added]
EDITOR’S NOTE AND EXPLANATIONS: The gift tax statutes of 1939 were passed after Erie RR v. Tompkins in 1938.
Intangible means, there is no record that you owe the tax, only a presumption. The intangible is the debt res (or object) that the courts construct a trust upon.
In trust refers to a Constructive Trust.
Indirect refers to the fact that there is no direct evidence, such as a bilateral contract or a physical privilege or franchise issued out of the secretary of state’s office.
Real and personal property is referring to what is gifted to the trust.
Sec. 1006 Returns
(a) REQUIREMENT.—Any individual who within the calendar year 1940 or any calendar year thereafter makes transfers by gift (except those which under section 1003 are not to be included in the total amount of gifts for such year) shall make a return under oath in duplicate. The return shall set forth (1) each gift made during the calendar year which under section 1003 is to be included in computing net gifts;
(2) the deductions claimed and allowable under section 1004;
(3) the net gifts for each of the preceding calendar years; and
(4) such further information as may be required by regulations made pursuant to law.
Sec. 1007 records and special returns. By Donor.—Every person liable to any tax imposed by this chapter or for the collection thereof, shall keep such records, render under oath such statements, make such returns, and comply with such rules and regulations, as the Commissioner, with the approval of Secretary, may from time to time prescribe.