Estate of Carolyn W. Holland, Deceased, Jack K. Holland, Lewis G. Holland, Sr., and Betty H. Kann, Executors - Page 30

                                        -30-                                          
          allowed under the test in Perkins v. Commissioner, 27 T.C. 601              
          (1956), or the "right to enjoy" test in Gilmore v. Commissioner,            
          213 F.2d 520 (6th Cir. 1954), revg. 20 T.C. 579 (1953).  Crummey            
          v. Commissioner, supra at 88.  The Court of Appeals interpreted             
          Perkins to hold that all that is necessary is to find that the              
          demand could not be "legally resisted."  Id.                                
                The Notice Issue                                                      
               The Weinstock Trusts require that whenever any transfer of             
          property is made to the trusts, the trustee shall give written              
          notice to the beneficiary of his or her withdrawal rights.                  
          However, neither Jack nor Lewis ever gave the adult                         
          beneficiaries, or the parents of the minor beneficiaries, written           
          notice.  The trustees' failure to comply with this trust                    
          provision, however, does not require a finding that the                     
          beneficiaries did not have present interests in the gifts.                  
               The sufficiency of the notice given the beneficiaries is a             
          factor in the likelihood that the right of withdrawal will be               
          exercised; it is not a factor in the legal right to demand                  
          payment from the trustee.  Crummey v. Commissioner, 397 F.2d at             
          88; Estate of Cristofani v. Commissioner, supra at 80-81.                   
          Furthermore, during the years of the transfers, the only minor              
          beneficiaries of the Weinstock Trusts were the children of the              
          trustees.16  We do not think that the failure of a trustee to               


               16   In general, the age of legal majority in the State of             
                                                             (continued...)           




Page:  Previous  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  Next

Last modified: May 25, 2011