- 15 - We do not dispute the wisdom of declining to extend the relation-back doctrine in the circumstances presented in McCarthy and Gagliardi, when the donor died while the checks were still outstanding. Clearly there is a very real danger of fostering estate tax avoidance in cases in which checks are not cashed until after the donor dies. However, that is not the situation in this case. [Estate of Metzger v. Commissioner, 38 F.3d at 122.] Unlike decedent here, the donor in Estate of Metzger v. Commissioner, supra, was alive at the time the checks were presented and paid by the drawee. The facts in the case before us are more analogous to those presented in McCarthy v. United States, supra, and Estate of Gagliardi v. Commissioner, supra.8 Therefore, we hold that the relation-back doctrine does not apply to checks representing noncharitable gifts which were accepted and paid by the drawee after decedent's death. Accordingly, the checks in issue were not completed gifts during decedent's lifetime, and the value of the underlying funds is includable in decedent's gross estate. Because our holding resolves the sole issue before us, we need not address the merits of respondent's other arguments. Decision will be entered under Rule 155. 8We note that petitioner neither cites nor attempts to distinguish the factually similar cases of McCarthy v. United States, 806 F.2d 129 (7th Cir. 1986), and Estate of Gagliardi v. Commissioner, 89 T.C. 1207 (1987).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
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