-31-                                          
          give written notice to himself should require a finding that                
          notice was not given.                                                       
               Finally, convincing testimony was heard at trial that the              
          adult beneficiaries were given actual notice of the gifts and               
          their right to immediately withdraw the money.  For instance,               
          Richard Holland, the adult son of Lewis, testified that he did              
          not receive written notice of the gifts, but that he discussed              
          the gifts with decedent, as well as with Jack, and he was aware             
          that he had the use of the money if he wanted it.                           
               The Agreement Issue                                                    
               In Estate of Cristofani v. Commissioner, supra, this Court             
          held in a reviewed decision that the donor's transfers in trust             
          for her minor grandchildren, who held unexercised demand rights             
          and contingent remainder interests in the trust, qualified as               
          gifts of present interests under section 2503(b).  Following the            
          decision of the Court of Appeals for the Ninth Circuit in Crummey           
          v. Commissioner, supra, we stated that the correct test in                  
          deciding whether the minor beneficiaries received a present                 
          interest is whether they have a legal right to make a demand for            
               16(...continued)                                                       
          Georgia is 18 years.  Ga. Code Ann. sec. 39-1-1(a) (1988).  An              
          exception to this general rule is the definition of "minor" under           
          The Georgia Transfers to Minors Act (the Act).  Under the Act,              
          the term "minor" means an individual who has not yet attained the           
          age of 21 years.  Ga. Code Ann. sec. 44-5-111(11) (1988); 1972              
          Ga. Laws, sec. 10.  Neither party in this action submitted                  
          evidence that the transfers in trust were made in conformity with           
          the Act.  In view of this lack of evidence, we are unwilling to             
          assume an exception to the general rule for the transfers at                
          issue.                                                                      
Page:  Previous   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   NextLast modified: May 25, 2011