-35- remained in Jack's possession. Petitioner excluded the amount of the 12 checks, $120,000, from the value of the estate in the Federal estate tax return filed on February 25, 1991. Respondent determined that decedent died before the transfer of the 12 checks was completed, and that the $120,000 is therefore includable in the value of the estate. Petitioner asserts that the gifts were completed when decedent handed the checks to Jack for delivery, are nontaxable gifts under section 2503(b), and were, therefore, properly excluded from the estate. In the alternative, petitioner asserts that the total amount of the checks is allowed as a deduction under section 2053(a)(3) as a claim against the estate. Section 2001 imposes a tax on the transfer of the taxable estate of all citizen and resident decedents. Section 2051 defines taxable estate as the gross estate less deductions. "The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death." Sec. 2033. Whether decedent had an interest in property at the time of her death is governed by State law. Estate of Gamble v. Commissioner, 69 T.C. 942, 948 (1978). Petitioner has the burden of proof. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). The issue is whether the amounts represented by the checks issued by decedent 4 days before her death, but not paid until after her death, are properly excludable from the gross estate.Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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