Estate of Carolyn W. Holland, Deceased, Jack K. Holland, Lewis G. Holland, Sr., and Betty H. Kann, Executors - Page 26

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          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 excluded           



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