- 7 - at the time of her death. Estate of Gagliardi v. Commissioner, 89 T.C. 1207, 1210 (1987). Section 20.2031-5, Estate Tax Regs., provides that "The amount of cash belonging to the decedent at the date of his death, whether in his possession or in the possession of another, or deposited with a bank, is included in the decedent's gross estate." If the checks in question constitute completed gifts during decedent's lifetime, the funds represented by those checks would not be includable in decedent's gross estate.3 A gift is not consummated until put beyond the donor's recall. Burnet v. Guggenheim, 288 U.S. 280, 286 (1933). Section 25.2511-2(b), Gift Tax Regs., provides in relevant part: (b) As to any property, or part thereof or interest therein, of which the donor has so parted with dominion and control as to leave in him no power to change its disposition, whether for his own benefit or for the benefit of another, the gift is complete. But if upon a transfer of property (whether in trust or otherwise) the donor reserves any power over its disposition, the gift may be wholly incomplete, or may be partially complete and partially incomplete, depending upon all the facts in the particular case. Accordingly, in every case of a transfer of property subject to a reserved power, the terms of the power must be examined and its scope determined. * * * 3Although sec. 2501 imposes a tax on the transfer of property by gift, sec. 2503(b) provides that the first $10,000 of gifts made to any person during a year is excluded in computing the total amount of gifts made during that year. Estate of Cristofani v. Commissioner, 97 T.C. 74, 78 (1991). Consequently, a gift of $10,000 or less completed prior to decedent's death is neither included in her gross estate nor taxed as a gift.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011