Estate of Suzanne C. Pruitt - Page 9




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               The estate filed Federal gift tax returns (Form 709)                   
          reporting the 1993 and 1994 gifts and claiming six annual gift              
          tax exclusions in each year for the values of the gifts.7  As a             
          result, the estate reported no net gifts for 1993 and $2,000 in             
          net gifts for 1994.                                                         
               The estate filed a timely Federal estate tax return (Form              
          706) reporting a total gross estate of $1,427,908 and adjusted              
          taxable gifts of $252,000.  The 1993 and 1994 gifts made pursuant           
          to the powers of attorney were not included in calculating                  
          decedent’s gross estate.  Following an examination, respondent              
          mailed a notice of deficiency to the estate in which respondent             
          determined, among other things, that the 1993 and 1994 gifts                
          “which were transferred during decedent’s lifetime by the                   
          decedent’s attorney in fact under a durable power of attorney               
          that did not expressly authorize the attorney in fact to make               
          gifts are includable in the decedent’s gross estate.”                       
                                       OPINION                                        
          Respondent’s Objections                                                     
               We first address respondent’s objections to the testimony of           
          witnesses Ms. Thompson and Mr. Walker.  At trial, the Court                 
          conditionally admitted the testimony over respondent’s objection            



               7The 1993 and 1994 gifts did not impoverish decedent or                
          adversely impair her ability to support herself.  On the date of            
          her death, decedent owned assets having a value in excess of                
          $1,400,000.                                                                 





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