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(A) GENERAL DEFINITION
The term "taxable gifts" means the total amount of gifts made
during the calendar year, less the deductions provided in
subchapter C (section 2522 and following).
(B) EXCLUSIONS FROM GIFTS
(1) In general
In the case of gifts (other than gifts of future interests in
property) made to any person by the donor during the calendar
year, the first $10,000 of such gifts to such person shall not,
for purposes of subsection (a), be included in the total amount of
gifts made during such year. Where there has been a transfer to
any person of a present interest in property, the possibility that
such interest may be diminished by the exercise of a power shall
be disregarded in applying this subsection, if no part of such
interest will at any time pass to any other person.
(2) Inflation adjustment
In the case of gifts made in a calendar year after 1998, the
$10,000 amount contained in paragraph (1) shall be increased by an
amount equal to--
A) $10,000, multiplied by
(B) the cost-of-living adjustment determined under section 1(f)(3)
for such calendar year by substituting "calendar year 1997" for
"calendar year 1992" in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $1,000, such amount shall be rounded to the next
lowest multiple of $1,000.
(C) TRANSFER FOR THE BENEFIT OF MINOR
No part of a gift to an individual who has not attained the age of
21 years on the date of such transfer shall be considered a gift
of a future interest in property for purposes of subsection (b) if
the property and the income therefrom--
(1) may be expended by, or for the benefit of, the donee before
his attaining the age of 21 years, and
(2) will to the extent not so expended--
(A) pass to the donee on his attaining the age of 21 years, and
(B) in the event the donee dies before attaining the age of 21
years, be payable to the estate of the donee or as he may appoint
under a general power of appointment as defined in section
2514(c).
(D) [REPEALED. PUB. L. 97-34, TITLE III, SEC. 311(h)(5), AUG.
13,1981, 95 STAT. 282]
(E) EXCLUSION FOR CERTAIN TRANSFERS FOR EDUCATIONAL EXPENSES OR
MEDICAL EXPENSES
(1) In general
Any qualified transfer shall not be treated as a transfer of
property by gift for purposes of this chapter.
(2) Qualified transfer
For purposes of this subsection, the term "qualified transfer"
means any amount paid on behalf of an individual--
(A) as tuition to an educational organization described in section
170(b)(1)(A)(ii) for the education or training of such individual,
or
(B) to any person who provides medical care (as defined in section
213(d)) with respect to such individual as payment for such
medical care.
(F) WAIVER OF CERTAIN PENSION RIGHTS
If any individual waives, before the death of a participant, any
survivor benefit, or right to such benefit, under section
401(a)(11) or 417, such waiver shall not be treated as a transfer
of property by gift for purposes of this chapter.
(G) TREATMENT OF CERTAIN LOANS OF ARTWORKS
(1) In general
For purposes of this subtitle, any loan of a qualified work of art
shall not be treated as a transfer (and the value of such
qualified work of art shall be determined as if such loan had not
been made) if--
(A) such loan is to an organization described in section 501(c)(3)
and exempt from tax under section 501(c) (other than a private
foundation), and
(B) the use of such work by such organization is related to the
purpose or function constituting the basis for its exemption under
section 501.
(2) Definitions
For purposes of this section--
(A) Qualified work of art
The term "qualified work of art" means any archaeological,
historic, or creative tangible personal property.
(B) Private foundation
The term "private foundation" has the meaning given such term by
section 509, except that such term shall not include any private
operating foundation (as defined in section 4942(j)(3)).
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