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252 N.W.2d 161 (Neb. 1977) (gift completed before the donor’s
death even though the bank did not complete the transfer of
funds, because the donor had done all that was in her power to
effectuate the gift).
For Federal gift tax purposes, a transfer of property is
considered complete only to the extent that “the donor has so
parted with dominion and control as to leave in him no power to
change its disposition, whether for his own benefit or for the
benefit of another”. Sec. 25.2511-2(b), Gift Tax Regs. To
evaluate whether a gift has been completed, we look to the
“objective facts of the transfer and the circumstances under
which it [the gift] is made”. Sec. 25.2511-1(g)(1), Gift Tax
Regs.
In the instant case, there is no indication that any steps
were taken toward delivery of the gifts or the cessation of
dominion and control over the property that was the subject of
the claimed gifts. With the exception of conveying the real
estate to C. Ronald Lambert and his wife, decedent's guardian-
conservator took no steps to effect delivery of the other gifts
authorized by the order. Indeed, immediately prior to the date
of decedent’s death, she had insufficient liquid assets to pay
the authorized cash gifts. Petitioner has not shown that
decedent's guardian-conservator took any steps to make the cash
gifts authorized, but not required, by the order. Accordingly,
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