Larson

This is a review of a decision of the Board of Tax Appeals holding that petitioner had made a gift of 10,000 shares of stock in the Sunshine Mining Company to her son, Shirley Parker, in the summer of 1935, and that it was subject to tax under the provision of the Revenue Act of 1932, c. 209, 47 Stat. 169 , Sections 501, 502, 26 U.S.C.A.Int.Rev.Acts, page 580.

Petitioner admitted the making of the gift and concedes that it was taxable, but she contends the gift was made in 1934. The sole question presented is whether the gift was consummated in 1934 or in 1935. There was testimony of conversations in 1934 between petitioner and her son, which the petitioner claims conclusively proved her then intent to give the shares of stock to him. The Board found that in 1934 the petitioner intended no more than to make a gift to her son at some future time and that it was not made until September 10, 1935.

It is not questioned that the burden of proof was upon petitioner to show a gift in 1934. The parties are agreed that the Board’s decision must be affirmed unless the petitioner has sustained her burden of proof that in 1934 she then intended to make a gift of the shares to her son.

The…