111 T.C. No. 3 UNITED STATES TAX COURT ESTATE OF SARAH H. NEWMAN, DECEASED, MARK M. NEWMAN, CO-EXECUTOR AND MINNA N. NATHANSON, CO-EXECUTOR, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 17516-96. Filed July 28, 1998. Decedent (D) executed a power of attorney appointing her son (S) attorney-in-fact. Prior to D's death, S drew six checks against D's checking account payable to himself, his wife, his brother, his nieces, and two other individuals. These checks were neither accepted, nor paid, by the drawee bank until after D's death. Petitioner argues that these checks represent completed gifts of funds in D's checking account that are not includable in D's gross estate. Held: D maintained dominion and control over the amounts in her checking account against which the checks were written until her death. Accordingly, the checks were not completed gifts during her lifetime. Held, further: These noncharitable gifts are not deemed to be complete under the theory that the payment of the checks after D's death relates back to the date of delivery prior to D's death. Estate of Metzger v. Commissioner, 100 T.C. 204 (1993), affd. 38 F.3d 118Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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