-19- proving that the $90,000 transfer was a gift. To the contrary, the evidence, both that submitted by respondent and the testimony of Jack, supports a finding that, in substance, decedent purchased the interests held by her children in the property and conveyed them to the Carolyn Trust. Furthermore, in 1986, the family decided to offer the whole of its property, including the Weinstock Residence and the undeveloped property, for sale as a single contiguous unit. For some time prior to that decision, decedent's cash requirements were being met by a series of loans, and it is undeniable that she expected the substantial gain she would realize on the sale of the property to allow her to retire the loans and eliminate her liquidity problems. The facts, therefore, show that decedent had a substantial interest in the sale of the whole property proceeding unimpeded by minor problems with title to a small portion of it. Accordingly, we find, based on the facts and circumstances, that decedent's transfer of $90,000 to Lewis, Betty, and Jack in 1987 was paid in consideration of the transfer of their interests in the Weinstock Residence to the Carolyn Trust. Issue 2. Whether the 12 $10,000 Annual Gifts Decedent Made in Each of the Years of 1985 Through 1988 Were Transfers of Present Interests That Qualify for the Exclusion under Section 2503(b) In 1985, decedent began a program of making annual gifts to Lewis, Betty, and Jack, and her daughter-in-law, Ellen, and the eight Weinstock Trusts that benefited her grandchildrenPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011