-38- decedent had not relinquished complete dominion and control over the funds before her death, the checks were not completed gifts. Burnett v. Guggenheim, 288 U.S. at 286 (a gift is not consummate until put beyond recall); sec. 25.2511-1(g)(1), Gift Tax Regs. Moreover, there were insufficient funds in decedent's account to cover the checks when they were written and when she died. She could not have intended to relinquish control until the borrowed funds were deposited in her account. See also Estate of Dillingham v. Commissioner, 88 T.C. 1569, 1576 (1987) (checks not cashed until 35 days after delivery to donees, without explanation of the reason for the delay, casts doubt as to whether the checks were unconditionally delivered, or whether decedent had sufficient funds to cover the checks at the time they were delivered), affd. 903 F.2d 760 (10th Cir. 1990). Despite our holding that decedent retained control over the checks, petitioner may still prevail if we agree that payment of the replacement checks relates back to the delivery of the original checks. In Estate of Gagliardi v. Commissioner, 89 T.C. 1207 (1987), we addressed the question of whether the relation-back doctrine should apply to checks that were not cashed until after the donor's death. Id. at 1211. Assuming the date of payment of the checks related back to the date the checks were issued (prior to the donor's death), the amount of the checks would be excluded from the donor's Federal gross estate.Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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