-23- Decedent renewed the notes each year, until she paid them on June 9, 1988, following the sale of 28.75 acres of Weinstock property. Until decedent paid off the loans, Jack purchased new CD's each year to replace the ones that matured. First National continued to hold the CD's after decedent paid her indebtedness to the bank. As the CD's matured, the proceeds were deposited into the Holland-Agent account, and then distributed to the donees. After the distribution of the proceeds, some of the Weinstock Trusts purchased new CD's from First National, and some made other investments. Respondent determined that the donees never had dominion and control over any of the CD's pledged as security for decedent's agent's guarantee of the unsecured notes, and therefore that the transfers were incomplete gifts of future interests. Furthermore, respondent determined that the $10,000 gifts that decedent made each year in 1985, 1986, 1987, and 1988, were completed in 1988 when decedent paid off the bank loans and the CD's were no longer pledged to secure Jack's guarantee. Respondent added the value of all of these transfers to the taxable estate as adjusted taxable gifts for purposes of determining the tentative estate tax. Accordingly, respondent increased the value of the taxable estate by $480,000. Petitioner asserts that the annual gifts were gifts of present interests that decedent properly excluded from her taxable gifts under section 2503(b).Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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