-40-
present for the relation-back doctrine to apply are present in
the instant case. We, therefore, can find no support in Estate
of Metzger for petitioner's assertion that the checks decedent
gave to Jack to deliver to her donees were completed gifts
excludable under section 2503(b) at the time she gave them to
Jack.
Considering all the facts and circumstances, we conclude
that under the law of the State of Georgia the 12 $10,000 checks
issued by decedent were incomplete gifts at the time of her death
and that the 12 replacement checks cashed by the donees do not
relate back to the date decedent issued the original checks.
Whether the Checks Were Debts
Petitioner asserts in the alternative that if the checks
were not completed gifts, then they were debts owed by decedent
at the time of her death, and therefore are deductible as a claim
against the estate.
Section 2053(a) provides that the value of the gross estate
shall be determined by deducting from the value of the gross
estate the amount of the claims against the estate as are
allowable by the laws of the jurisdiction under which the estate
is being administered. Sec. 2053(a)(3). Only claims
representing enforceable, personal obligations of the decedent
existing on the date of the decedent's death are deductible as
claims against the estate. Sec. 20.2053-4, Estate Tax Regs.
Further, in order to be deductible under section 2053(a)(3),
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