United States v. MacIntyre, No. H-10-2812, 2012 U.S. Dist. LEXIS 42487 (S.D. Tex. Mar. 28, 2012)

(case involves estate of J. Howard Marshall, II who was married for the last 14 months of his life to Anna Nicole Smith (Vicki Lynn Marshall); J. Howard had been married to Eleanor Stevens from 1931-1961 and, as part of divorce proceedings, certain shares of stock were transferred to three CRATs and a GRIT with Stevens named income beneficiary of the GRIT; J. Howard later sold the stock back to the corporation at a value less than market value; sale constituted gift to other shareholder and GRIT; GRIT had terminated after 10 years with property passing to  E. Pierce Marshall; J. Howard died shortly after sale of stock at less than market value; because GRIT had terminated, trust not in existence to pay resulting gift tax assessed against shareholders; issue involved liability for gift tax; court determined that income beneficiary rather than remainder responsible for payment of tax because income beneficiary treated as donor and benefited from increase in income distributions from trust; at time of gift donor (J. Howard's estate) was not going to pay gift tax, so gift tax liability of trust corpus).