Ninth Circuit Reverses Linton

Wendy C. Gerzog (Professor of Law, University of Baltimore School of Law) recently published her article entitled Linton Reversed: Indirect Gift and Step Transaction, 130 Tax Notes No. 13 (2011). The abstract available on SSRN is below:

The Ninth Circuit recently reversed the district court’s summary judgment in favor of the government in Linton on the issues of indirect gift and the applicability of the step transaction doctrine. The circuit court’s analysis focused on the taxpayers’ donative intent. With that emphasis, the Ninth Circuit remanded the case to the district court to determine the sequence of the relevant transactions.