- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011