-13- 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.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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