Estate of Lucille R. Devlin, Deceased, C. Ronald Lambert, Executor - Page 4




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          to make the cash gifts authorized by the order.  On October 16,             
          1995, decedent's estate made the cash distributions authorized by           
          the order.  Decedent's estate's tax return claimed that the gifts           
          made pursuant to the order, but after decedent's death, were not            
          includable in decedent's gross estate.  In the notice of                    
          deficiency issued by respondent in the instant case, respondent             
          determined that those gifts were includable in decedent's gross             
          estate for estate tax purposes.                                             
               Section 2001 imposes a tax on the taxable estate of every              
          decedent who is a citizen or resident of the United States.  The            
          taxable estate is defined as the gross estate less deductions               
          allowed.  See sec. 2051.  Section 2033 provides that a decedent’s           
          gross estate includes “the value of all property to the extent of           
          the interest therein of decedent at the time of his death.”                 
               In the instant case, we must decide whether the gifts made             
          to decedent’s daughter-in-law and grandchildren pursuant to the             
          order, but after decedent's death, are includable in decedent's             
          gross estate.  Respondent argues that such gifts were incomplete            
          on the date of decedent’s death and, accordingly, should be                 
          included in decedent’s gross estate.  Petitioner argues that on             
          the date that decedent's guardian-conservator conveyed the real             
          property to C. Ronald Lambert and Charlotte Lambert as tenants in           
          common, decedent's guardian-conservator breached a fiduciary duty           
          to the remaining beneficiaries covered by the order.  That                  






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