Estate of Rosa B. Neff, Deceased, Chris Hunt, Executor - Page 11

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          lacking in the instant case.  Given the facts and circumstances             
          of this case, we conclude that under Oklahoma law, the transfers            
          in question would be valid gifts.  This is consistent with the              
          way the Court of Appeals for the Fourth Circuit resolved a                  
          similar issue in Estate of Ridenour v. Commissioner, 36 F.3d 332            
          (4th Cir. 1994), affg. T.C. Memo. 1993-41.  In that case, the               
          court found that a durable power of attorney could impliedly                
          include the authority to make irrevocable gifts during the                  
          principal's life if the surrounding circumstances indicated such            
          an intent.  Prior to Estate of Ridenour, the Virginia legislature           
          passed a statute which specifically provides for an implied gift            
          power in certain circumstances.  Va. Code Ann. sec. 11-9.5                  
          (Michie Supp. 1992).  The court in Estate of Ridenour v.                    
          Commissioner, supra at 334, stated that the statute expanded and            
          clarified the legal standard applied in Estate of Casey v.                  
          Commissioner, 948 F.2d 895 (4th Cir. 1991), revg. T.C. Memo.                
          1989-511.  The court went on to say that Estate of Casey “stands            
          for the proposition that to infer an implied gift power, the                
          court must look to the intent of the person granting power of               
          attorney.”  Estate of Ridenour v. Commissioner, supra at 334.               
               The power of attorney which decedent executed does not                 
          restrict the attorneys in fact from making gifts.  The power of             
          attorney which decedent executed authorized her attorneys in fact           
          to “convey * * * any of my property, either real or personal.”              
          The power of attorney authorizes the attorneys in fact to “act in           




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