- 10 - payment order made by the customer would be effective for 6 months. D.C. Code Ann. sec. 28:4-403(2) (1981). Although testimony was presented which portrays decedent as "bedridden" prior to her death, there is no evidence that she had absolutely no access to a telephone. Further, because Mark was also a customer6 on the account in question, he could have ordered CFB to stop payment at decedent's request. Petitioner does not direct us to, nor have we found, any State that recognizes delivery of a check to be a completed gift of the underlying funds. See 38A C.J.S., Gifts, sec. 56 (1996) ("The gift of the donor's own check is but the promise of a gift and does not amount to a completed gift until payment or acceptance by the drawee."). Furthermore, mere possession of a power to revoke, not the ability to exercise it, is controlling. Estate of Alperstein v. Commissioner, 71 T.C. 351, 353-354 (1978), affd. 613 F.2d 1213 (2d Cir. 1979). Accordingly, we find that decedent possessed the power to revoke the checks until accepted or paid by CFB. Because CFB did not accept or pay the checks until after decedent's death, they were not completed gifts under the law of the District of Columbia. Nevertheless, petitioner argues that under the relation-back doctrine, the payment of checks by the drawee relates back to the 6D.C. Code Ann. sec. 28:4-104(1)(e) (1981), defines "customer" to mean "any person having an account with a bank or for whom a bank has agreed to collect items and includes a bank carrying an account with another bank". (Emphasis added.)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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