-42- and disinterested generosity,' * * * 'out of affection, respect, admiration, charity, or like impulses,'" Commissioner v. Duberstein, 363 U.S. 278, 285 (1960) (quoting Commissioner v. LoBue, 151 U.S. 243, 246 (1956) and Robertson v. United States, 343 U.S. 711, 714 (1952)), which precludes a bargained-for exchange supported by adequate and full consideration in money or money's worth. Thus, we cannot find that the checks represent intended payment of a bona fide debt of decedent. We find that the 12 $10,000 checks were intended to be gifts, and were, by the law of the State of Georgia, incomplete gifts. As incomplete noncharitable gifts, the intended transfers cannot create a claim against the estate. See Estate of Gagliardi v. Commissioner, 89 T.C. at 1212-1213. We hold, therefore, that the $120,000 was improperly excluded from the value of the estate. Issue 4. Whether the Transfer of $100,000 From the J. Kurt Holland Residual Trust to Decedent Created a Debt That is Deductible Under Section 2053 J. Kurt Holland (Holland), decedent's spouse, died on August 15, 1979. He created by will a marital deduction trust (The Marital Trust) and a residual trust (The J. Kurt Holland Residual Trust). The Marital Trust was created to receive the fractional share of Holland's residuary estate which should equal the maximum marital deduction allowable in determining the Federal estate tax upon his estate, reduced by certain other dispositions of his property. The J. Kurt Holland Residual Trust (the JKHPage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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