FEDERAL ESTATE AND GIFT TAXATION-ADEQUACY OF CONSIDERATION IN TRANSFERS CONNECTED WITH DIVORCE PROCEEDINGS OR SEPARATION AGREEMENTS

Today it is common procedure for a husband and wife, contemplating divorce or separation, to make an advance agreement concerning alimony and division of their property. Often this agreement will be adopted by the court in its decree of separation or divorce. It is the purpose of this comment to discuss the estate and gift tax consequences of such agreements. In order to understand properly the problems which have come up in connection with gift tax liability, it is necessary first to chart out the path taken under the estate tax.