Estate of Carolyn W. Holland, Deceased, Jack K. Holland, Lewis G. Holland, Sr., and Betty H. Kann, Executors - Page 28

                                        -28-                                          
          interests, respondent raises an additional issue whether the                
          transfers decedent made in trust were gifts of present interests.           
               The trustees of the eight Weinstock Trusts are Jack and                
          Lewis.  The beneficiaries of the Weinstock Trusts, and their ages           
          at the time of the 1985 transfers in trust, were Lewis's                    
          children: Richard, Lewis, Jr., and Lynn, age 22, 21, and 15,                
          respectively; Betty's children: Jeffrey, Alan, and Richard, age             
          23, 21, and 18, respectively; and Jack's children: Beth and                 
          Carolyn, age 9 and 6, respectively.                                         
               The eight Weinstock Trusts were identical except for the               
          name of the beneficiary and in Paragraph II(a) each trust                   
          provided the beneficiaries the legal right to make a demand upon            
          the trustees for payment up to the value of any gifts transferred           
          to the trust during the year of the transfer.  Respondent,                  
          however, contends that the gifts were not gifts of present                  
          interests for two additional reasons: (1) The beneficiaries were            
          not provided written notice of the gifts and their right to                 
          withdraw as required by the trust (the notice issue); and (2)               
          decedent and the donees had an agreement that the beneficiaries             
          would not withdraw the gifts from the trusts (the agreement                 
          issue).  We disagree with respondent's contentions and address              
          them in order.                                                              
               The seminal cases on the issue of whether a transfer in                
          trust is a gift of a present interest are Crummey v.                        
          Commissioner, 397 F.2d 82 (9th Cir. 1968), affg. in part and                




Page:  Previous  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  Next

Last modified: May 25, 2011