I have recently learned of a family member who has been giving to another family member for most likely over 25 years. The asset types have been automobiles and cash only.

Surprize ...no 709 has ever been filed. The amounts have usually, but not always, been in excess of the annual exclusion. The giver has been aware of the gift exclusion so in some years wrote on her check in the memo filed things like "dad, mom, child a, b, c" etc.

We all know this is common. If one just stops to think about it.

I have never done a 709. I am going to ask a couple of pointed questions without spelling out the history because I don't know what else you may want factually to comment. However, suffice it to say this giver will be right up against the current (as in $10m) combined exclusion amount if she were to pass today. She is 68 and in excellent health.

1. How many years, including zero, would you file backward?

2. What has been your experience or what have you "seen" regarding this scenario?