Estate of Sarah H. Newman, Deceased, Mark M. Newman, Co-Executor and Minna N. Nathanson, Co-Executor - Page 15

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               We do not dispute the wisdom of declining to extend the                
               relation-back doctrine in the circumstances presented                  
               in McCarthy and Gagliardi, when the donor died while                   
               the checks were still outstanding.  Clearly there is a                 
               very real danger of fostering estate tax avoidance in                  
               cases in which checks are not cashed until after the                   
               donor dies.  However, that is not the situation in this                
               case.  [Estate of Metzger v. Commissioner, 38 F.3d at                  
               122.]                                                                  

          Unlike decedent here, the donor in Estate of Metzger v.                     
          Commissioner, supra, was alive at the time the checks were                  
          presented and paid by the drawee.  The facts in the case before             
          us are more analogous to those presented in McCarthy v. United              
          States, supra, and Estate of Gagliardi v. Commissioner, supra.8             
          Therefore, we hold that the relation-back doctrine does not apply           
          to checks representing noncharitable gifts which were accepted              
          and paid by the drawee after decedent's death.                              
               Accordingly, the checks in issue were not completed gifts              
          during decedent's lifetime, and the value of the underlying funds           
          is includable in decedent's gross estate.  Because our holding              
          resolves the sole issue before us, we need not address the merits           
          of respondent's other arguments.                                            


                                                  Decision will be entered            
                                             under Rule 155.                          


               8We note that petitioner neither cites nor attempts to                 
          distinguish the factually similar cases of McCarthy v. United               
          States, 806 F.2d 129 (7th Cir. 1986), and Estate of Gagliardi v.            
          Commissioner, 89 T.C. 1207 (1987).                                          




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