authority such as donative
transfers, tax planning, and qualifying for
The gift tax is not applicable to a transfer for a full and adequate consideration in money or money's worth, or to ordinary business transactions (i.e., transactions which are bona fide, at arm's length, and free from any donative
(5) However, where the noninsured spouse receives as beneficiary her community share or more, no gift is imputed to her of amounts also payable to a third party beneficiary unless there is evidence of donative
The Restatement (Third) of Property defines a gift as a voluntary "transfer [of] an ownership interest to the donee without consideration and with donative
intent." (143) Hence, even the district court's reasoning in Catalona presupposes that research participants, prior to donation, retain an ownership interest, i.e., property, in their tissue.
These "suspicious circumstances" must surround the "preparation, execution, or formulation of the donative
transfer." (106) The presumption of undue influence exists in the above instances because "[s]uspicious circumstances raise an inference of an abuse of the confidential relationship between the alleged wrongdoer and the donor." (107) Among the circumstances considered "suspicious" are "the extent to which the alleged wrongdoer participated in the preparation or procurement of the will or will substitute" and "whether the will or will substitute was prepared in secrecy or in haste." (108) "The effect of the presumption is to shift to the proponent the burden of persuasion.
In the Father it is in the purely donative
mode; in the Son, as constitutive of his Person, that is, in his relation to the Father alone, it is in a purely receptive mode.
A quid pro quo donation is a payment made partly as a donation and partly as consideration for goods or services--except a payment to an organization, organized exclusively for religious purposes, for only an intangible religious benefit that generally is not sold in a commercial transaction outside the donative
This does not negate the importance of donative
intent, but, instead of probing the transferor's actual state of mind, an examination is made of the objective facts of the transfer and the circumstances in which it was made.
"Charities have long been encouraged by federal tax law and state insurance laws to use life insurance as a way of encouraging individuals who have donative
intent to benefit their favored charities," he said.
While there are some variations, the "pure" presumed-consent statutes require no family consent and no search for family members to verify the deceased's donative