Estate of Carolyn W. Holland, Deceased, Jack K. Holland, Lewis G. Holland, Sr., and Betty H. Kann, Executors - Page 19

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          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 grandchildren                     




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