-26- in the gifts, were therefore separate and independent from the pledge of the CD. Moreover, it was not the donor who pledged the CD, but the agent of the recipients. Thus, pledging the CD's was a voluntary act. Therefore, both the recipients and First National treated the CD's as the recipients' present interest. Finally, decedent bore the burden of paying the bank the interest on the loans when it became due, and the donees enjoyed the present benefit of the interest on the CD's paid to them by the bank; therefore, the transfers were complete in substance as well as in form. Thus, at least as to the individual recipients, decedent relinquished, and the donees acquired, dominion and control over the gifts. Muserlian v. Commissioner, T.C. Memo. 1989-493 (in prearranged transfers among family members the issue is whether the taxpayer retained all valuable incidents of ownership, control, and enjoyment of the funds while making the semblance of a gift), affd. 932 F.2d 109 (2d Cir. 1991); Elbert v. Commissioner, 45 B.T.A. 685 (1941). (The effect on the trusts is discussed below.) Deductibility of the Annual Gifts to the Individual Donees We hold that the gifts of $10,000 made each year in 1985, 1986, 1987, and 1988 to Lewis, Betty, Jack, and Jack's wife, Ellen, were completed gifts in which the donees had a present interest. This holding, however, is not a holding that the $10,000 transfers in 1985 and 1986 to Lewis, Betty, and Jack are excludedPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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