-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.             
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