Estate of Suzanne C. Pruitt - Page 26




                                       - 26 -                                         
         him whether she specifically wanted to include the power to make             
         gifts in the powers of attorney, Mr. Walker responded:  “I think             
         it might have been the other way around.  I said that ‘this will             
         allow your daughter to do anything that you could do’, and we                
         specifically talked about the gifting.”  The record amply                    
         demonstrates that decedent relied upon Mr. Walker’s advice and               
         acted upon it.  Decedent understood from conversations she had               
         had with Mr. Walker that lifetime gifts were an important estate             
         planning tool and that her powers of attorney authorized her                 
         daughter to do anything decedent could do.  It is reasonable,                
         therefore, for us to conclude on this record that decedent                   
         intended the powers of attorney to include the power to make                 
         gifts.                                                                       
              Finally, a review of decedent’s will confirms that the 1993             
         and 1994 gifts were to the same individuals who would have                   
         inherited the properties under the terms of decedent’s will.  In             
         her will, decedent bequeathed all her real and personal property             
         to her three daughters if she was not survived by her husband                
         (decedent’s husband died in November 1993).                                  
              Petitioner and respondent base their arguments on two                   
         opinions of the Court of Appeals for the Fourth Circuit                      
         interpreting Virginia State law, Estate of Ridenour v.                       
         Commissioner, 36 F.3d 332 (4th Cir. 1994), affg. T.C. Memo. 1993-            
         41, and Estate of Casey v. Commissioner, 948 F.2d 895 (4th Cir.              






Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: May 25, 2011