- 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 aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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