Estate of Carolyn W. Holland, Deceased, Jack K. Holland, Lewis G. Holland, Sr., and Betty H. Kann, Executors - Page 23

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               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).                                                      




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