- 25 - 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.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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