The U.S. Supreme Court is determining whether the personal mandate for every individual to carry health coverage is constitutional. This personal mandate is set to take effect in 2014; those who refuse to carry health coverage will be subject to a penalty collected by the IRS. Arguments on the constitutionality of Obamacare are set for the end of March, with a final decision expected by the end of June.
Two former IRS commissioners, Mortimer Caplin and Sheldon Cohen, have submitted briefs arguing that the court cannot render a decision as yet because the case is being presented too early. Essentially, they are saying that a constitutional challenge cannot be heard before the personal mandate takes effect in 2014.
Gifts in excess of an $12,000-per-donee annual exclusion are subject to gift tax, but the tax may be offset by a gift tax credit.