- 13 - Id. at 130. The trustees of the donor's estate maintained that the relation-back doctrine should be extended to noncharitable gifts made by check. The trustees argued that there were no policy considerations which would justify treating charitable donations differently than noncharitable gifts. The Court of Appeals for the Seventh Circuit disagreed, stating: there remains sufficient justification compelling the inclusion of outstanding checks issued to noncharitable donees. The Internal Revenue Code now exempts only those gifts made by a decedent up to $10,000 per donee, per year. I.R.C. � 2035(b)(2) (1985). To the extent of that exemption, application of the relation back doctrine fosters estate tax avoidance. By issuing a check to a noncharitable donee with the understanding that it not be cashed until after his death, a decedent may effectively bequest up to $10,000 per donee, thus avoiding the estate tax consequences normally attending such transactions. * * * [Id. at 132.] In Estate of Metzger v. Commissioner, 100 T.C. 204 (1993), we extended the relation-back doctrine to a situation involving noncharitable gift checks. In that case, the checks were issued to noncharitable donees in December 1985. The donees deposited the checks on December 31, 1985; however, the checks did not clear the drawee until after the New Year holiday in 1986. Id. at 214. The question was whether the gifts occurred in the first year or in the second. A critical difference between the facts in Estate of Gagliardi v. Commissioner, 89 T.C. 1207 (1987), and McCarthy v. United States, supra, and the facts in Estate of Metzger v. Commissioner, supra, was that the donor in Estate ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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