- 8 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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