Estate of Birnie M. Davenport, Deceased, Patricia L. Vestal, Personal Representative - Page 25

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            transfers, the recipients began receiving the dividends from the                             
            Hondo stock.  Based on all of the facts and circumstances                                    
            presented in this case, we conclude that Birnie did intend to                                
            make present and irrevocable transfers of Hondo stock in July of                             
            1980 to her niece and nephews.  We conclude that Birnie owned a                              
            50-percent interest in the Hondo stock in 1980.  Because Birnie                              
            had a sufficient ownership interest9 and the intent to make a                                
            gift of the Hondo stock, and there is no dispute as to any other                             
            element of a gift, we find that under Oklahoma law Birnie did                                
            make a completed gift of Hondo stock in July of 1980.                                        
            Statute of Limitations                                                                       
                  Section 6501(a) provides generally that assessments of tax                             
            must be made within 3 years after the taxpayer files a return.                               
                  The Federal estate tax return for the Estate of Birnie                                 
            Davenport was filed on November 7, 1991.  A Federal gift tax                                 
            return for the taxable year 1980, signed by the co-personal                                  
            representatives of the Estate of Birnie Davenport, was filed on                              
            behalf of Birnie on November 7, 1991.  Respondent mailed notices                             



                  9  Despite Birnie's lack of legal title, we find that her                              
            interest in the Hondo stock, like that of a tenant in common, was                            
            capable of being transferred.  See Starnes v. Miller, 505 P.2d                               
            180, 182-183 (Okla. 1972).  Also, the fact that delivery of stock                            
            certificates was delayed did not prevent the gift from being                                 
            complete in July of 1980.  Birnie, through the use of the sales                              
            agreements and deed of gift, accomplished sufficient delivery to                             
            put the gift beyond her dominion and control.  See Richardson v.                             
            Commissioner, T.C. Memo. 1984-595.                                                           




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