- 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
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