Estate of Suzanne C. Pruitt - Page 29




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              The decision of the Court of Appeals for the Fourth Circuit             
         in Estate of Ridenour is also distinguishable.14  One year after             
         Estate of Casey was decided, the Virginia legislature enacted a              
         statute recognizing an implied gift power in a power of attorney             
         which grants broad general powers to the attorney-in-fact.15  In             
         Estate of Ridenour, the Court of Appeals for the Fourth Circuit,             



               14We acknowledge, however, that many of the facts in Estate            
          of Ridenour v. Commissioner, 36 F.3d 332, 335 (4th Cir. 1994),              
          affg. T.C. Memo. 1993-41, are similar to the facts at hand.  For            
          example, the decedent, Joseph Ridenour (Joseph), had a history of           
          making gifts to his family that were, in part, tax driven.  In              
          1987, Joseph suffered from acute renal failure and could no                 
          longer effectively communicate with others.  Acting pursuant to a           
          power of attorney, which contained no language limiting the                 
          authority to business transactions or requiring consideration in            
          exchange for the attorney-in-fact’s disposition of property,                
          Joseph’s son, James, made substantial cash gifts to family                  
          members, including himself, from Joseph’s checking account.                 
          James wrote the checks on Mar. 27, 1987; Joseph died on Apr. 15,            
          1987.  The gifts were not included as part of Joseph’s gross                
          estate on his Federal estate tax return.                                    
               15Va. Code Ann. sec. 11-9.5 (Michie 1999) provides, in                 
          pertinent part, as follows:                                                 
               � 11-9.5.  Gifts under power of attorney.--A.  If any                  
               power of attorney or other writing (i) authorizes an                   
               attorney-in-fact or other agent to do, execute, or                     
               perform any act that the principal might or could do or                
               (ii) evidences the principal’s intent to give the                      
               attorney-in-fact or agent full power to handle the                     
               principal’s affairs or deal with the principal’s                       
               property, the attorney-in-fact or agent shall have the                 
               power and authority to make gifts in any amount of any                 
               of the principal’s property to any individuals or to                   
               organizations described in �� 170(c) and 2522(a) of the                
               Internal Revenue Code or corresponding future                          
               provisions of federal tax law, or both, in accordance                  
               with the principal’s personal history of making or                     
               joining in the making of lifetime gifts.                               





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