- 23 - could write checks on the joint account does not char- acterize all of those checks as gifts from Floy Christensen as Petitioner argues. Petitioner cites to Treas. Reg. �� 25.2511-1(h)(4) and 25.2511-1(c)(1) for support of its argument. Treas. Reg. � 25.2511-1(c)(1) provides that gift tax applies to gifts indirectly made; it does not, however, establish the recipient of a particular gift. In the context of this case, Treas. Reg. � 25.2511-1(c)(1) does not establish that the payees shown on the checks in issue were the recipients of gifts from Floy Christensen. Additionally, Treas. Reg. � 25.2511-1(h)(4) provides that if Floy Christensen created the joint account for herself and her children, there is a gift to her children when they draw upon the account for their own benefit to the extent they have no obligation to account to Floy Christensen for the amount withdrawn. The regulation Petitioner relies on is inapplica- ble to this case. Petitioner’s argument fails because, under Washington State law, Floy Christensen’s children had an obligation to account to her for amounts they withdrew from the joint account. In determining whether a person with access to a joint account created by another has an obligation to account to the deposi- tor, courts have looked to whether the depositor had given up dominion and control over the deposited funds. See, e.g., Haneke v. United States, 548 F.2d 1138 (4th Cir. 1977). Floy Christensen did not give up dominion and control over the funds in the joint account. In fact, Petitioner stipulated to the fact that at all times all of the funds in the joint account belonged to Floy Christensen. Because all of the funds in the joint account belonged to her, she had the right to challenge any of the withdrawals made by her children. Wash. Rev. Code � 30.22.130. [Fn. ref. omitted.] We find the estate’s reliance on sec. 25.2511-1(c)(1), (g)(1), and (h)(4), Gift Tax Regs., to be misplaced. We have concluded that Mr. Christensen and Ms. Hastie had an obligation to account to decedent for the amounts of funds withdrawn by the respective checks in question that they signed and that decedent had the right to sue them for recovery of those funds, which wasPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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