Estate of Carolyn W. Holland, Deceased, Jack K. Holland, Lewis G. Holland, Sr., and Betty H. Kann, Executors - Page 13

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          Sec. 25.2511-2(c), Gift Tax Regs.  Thus, for the purposes of the            
          gift tax, a "gift is not consummate until put beyond recall."               
          Burnett v. Guggenheim, 288 U.S. 280, 286 (1933).                            
               Previously, under facts similar to those now before us, this           
          Court has held that because the taxpayer had, in the years then             
          before us, the right to reform the deeds of gift and revest title           
          in herself, no completed gift was made during those taxable years           
          for the portion of the property transferred in error.  Touche v.            
          Commissioner, supra at 569; Bergeron v. Commissioner, T.C. Memo.            
          1986-587; Dodge v. Commissioner, T.C. Memo. 1968-238 (finding a             
          right to reform gifts to convent in amounts larger than intended            
          by donor or expected by recipients); see also Dodge v. United               
          States, 413 F.2d at 1242 (adopting the analysis of the Tax Court            
          in Dodge v. Commissioner, T.C. Memo. 1968-238).7  As to the                 
          portion of the property that was transferred according to the               
          intent of the donor, however, this Court found that the transfer            
          was a completed gift.  Touche v. Commissioner, supra; Bergeron v.           




               7    In Dodge v. United States, 292 F.Supp. 573, 576 (S.D.             
          Fla. 1968), affd. 413 F.2d 1239 (5th Cir. 1969), the District               
          Court held that a deed executed by the taxpayer purporting on its           
          face to transfer a greater number of acres than what the donor              
          intended, was and could be properly reformed under the laws of              
          the State of Minnesota (the State in which the property was                 
          located) on the basis of mutual mistake of the donors and the               
          donee.  On appeal the Court of Appeals for the Fifth Circuit                
          confined itself to legal issues centering on the existence of a             
          unilateral error.  The court, expressing its belief that the                
          State of Minnesota would not depart from the prevailing rule                
          allowing reformation, affirmed.  Dodge v. United States, 413 F.2d           
          at 1243.                                                                    


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