Estate of Carolyn W. Holland, Deceased, Jack K. Holland, Lewis G. Holland, Sr., and Betty H. Kann, Executors - Page 42

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          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 JKH               




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