Estate of Sarah H. Newman, Deceased, Mark M. Newman, Co-Executor and Minna N. Nathanson, Co-Executor - Page 8

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          Therefore, a gift is not considered complete until the donor has            
          parted with dominion and control so as to leave her with no power           
          to change its disposition.  Estate of Metzger v. Commissioner,              
          100 T.C. 204, 208 (1993), affd. 38 F.3d 118 (4th Cir. 1994).                
               We turn to local law to determine whether decedent parted              
          with dominion and control over the funds in her checking account            
          such that she had no power to change their disposition.  Estate             
          of Dillingham v. Commissioner, 88 T.C. 1569, 1575 (1987), affd.             
          903 F.2d 760 (10th Cir. 1990).  In the District of Columbia, a              
          check is generally considered conditional payment.  Daine v.                
          Price, 63 A.2d 767, 768 (D.C. 1949).  Under the law of the                  
          District of Columbia, in effect in 1992, "A check or other draft            
          does not of itself operate as an assignment of any funds in the             
          hands of the drawee available for its payment, and the drawee is            
          not liable on the instrument until he accepts it."  D.C. Code               
          Ann. sec. 28:3-409(1) (1981).                                               
               In Estate of Metzger v. Commissioner, supra, we interpreted            
          an identical provision adopted in the State of Maryland.4                   

               4In Estate of Metzger v. Commissioner, 100 T.C. 204, 209               
          (1993), affd. 38 F.3d 118 (4th Cir. 1994), we stated:                       

                    Md. Com. Law I Code Ann. section 3-409(1) (1992)                  
               provides:                                                              
                         (1) A check or other draft does not of                       
                    itself operate as an assignment of any funds                      
                    in the hands of the drawee available for its                      
                    payment, and the drawee is not liable on the                      
                                                             (continued...)           




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