Estate of Lucille R. Devlin, Deceased, C. Ronald Lambert, Executor - Page 9




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          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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