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