Estate of Ellie B. Williams, Deceased, Robert M. Driggers, Sr., Personal Representative, et al. - Page 17

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          petitioner and decedent agreed that petitioner would supply the             
          labor to exploit the timber on her property and they would share            
          the proceeds from the sales of timber and turpentine.  Decedent's           
          transfer of property to petitioner was not done as part of their            
          business agreement; it was a separate, voluntary act by decedent.           
               Petitioners point out that petitioner agreed in August 1980            
          to buy $150,000 worth of timber from the Putnam County property             
          in order to close the sale of the property to the Thompson                  
          partnership.  Petitioners contend that this shows the April 21,             
          1980, transfer of the undivided interest in the Putnam County               
          property to petitioner was a business transaction.  We disagree;            
          decedent transferred the property to him 3� months before he                
          agreed to buy the timber.  It has not been shown that his                   
          agreement to buy timber was foreseeable when decedent transferred           
          the property interest to him.  Thus, we do not think the fact               
          that petitioner agreed to buy timber from the Putnam County                 
          property supports petitioners' theory that decedent's transfer of           
          the Putnam County property to him was made in the ordinary course           
          of business.                                                                
               4.   Decedent's Gift Tax Returns and the Opinions of                   
                    Decedent's Lawyers                                                
               Petitioners contend that the lawyers who handled the two               
          transfers did not believe that they were gifts.  We disagree.               
          First, the lawyer who prepared the 1980 deed testified that he              







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