- 9 -
to her death. See Neb. Rev. Stat. sec. 30-2637(5). Moreover,
petitioner has not shown that decedent's guardian-conservator
could not have petitioned the county court for permission to
amend or set aside its order. Additionally, petitioner has not
shown that pursuant to Nebraska law, the order vested in the
donees any enforceable right to the gifts.
In contrast to White v. United States, supra, we think that
the reasoning embodied in City Bank Farmers Trust Co. v. Hoey, 23
F. Supp. 831 (S.D.N.Y. 1938), affd. 101 F.2d 9 (2d Cir. 1939),
more aptly applies to the facts of the instant case. In City
Bank Farmers Trust Co., the court issued an order authorizing
certain gifts to be made out of the estate of an incompetent.
See id. at 832. After the order had been issued but before the
gifts were made, Congress enacted gift tax provisions of the
Revenue Act of 1932, ch. 209, 47 Stat. 169. See id. The U.S.
District Court for the Southern District of New York held that
the gifts were not complete until their delivery. See id. at
833-834. Because the gifts were delivered after the enactment of
the gift tax, a gift tax was due on the gifts. See id. The
District Court explained:
Where the gift is one made out of an incompetent’s
estate by court decree, the gift is not complete until
delivery of the thing or money to the donee. The
decree by itself does not pass title or give the donee
anything. As to any money directed to be paid the
court may revoke the order at any time prior to actual
payment. What happens in such a case is that the
court, acting for the incompetent donor, gives a
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