- 16 - amount. Respondent, on the other hand, contends that the court invalidated the transfers entirely. Even if we were to accept petitioner's interpretation, Matter of Cohen is distinguishable from the present case. In Matter of Cohen, the decedent for over 10 years had annually given $10,000 gifts to her children and grandchildren. Petitioner, however, has presented no evidence to demonstrate such a pattern of inter vivos transfers to family members. Therefore, we reject petitioner's argument. Because we have found that no valid gifts were made, the value of the funds totaling $160,000 was includable in decedent's gross estate pursuant to section 2033. II. Includability of the Two $25,000 Checks Respondent determined that the value of funds (i.e., $50,000), paid to recipients of two $25,000 checks, was includable in decedent's gross estate pursuant to sections 2031 and 2033. The taxpayer bears the burden of proving that respondent's determination is erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Marsha wrote one $25,000 check to herself and one to Linda. Petitioner argues, and Marsha testified, that the checks were reimbursements for amounts Marsha and Linda expended on decedent's behalf, and alternatively, that the transfers constituted valid and complete gifts. Respondent contends that these transfers were not for reimbursement, and did not constitute valid and complete gifts. Thus, respondent argues,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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