- 29 - 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.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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