Estate of Mary Catherine IX Gaynor - Page 2




                                        - 2 -                                         
          death, and all Rule references are to the Tax Court Rules of                
          Practice and Procedure.                                                     
               After settlement of some issues, the issue remaining for               
          decision is whether predeath transfers of decedent’s property               
          with a value of $144,400 and made for no consideration were                 
          revocable under Connecticut law and includable in decedent’s                
          gross estate under section 2038(a)(1).                                      

                                     Background                                       
               This case was submitted fully stipulated under Rule 122.               
               On June 1, 1996, Mary Catherine IX Gaynor, decedent, died a            
          resident of Branford, Connecticut.                                          
               On October 7, 1986, approximately 10 years prior to                    
          decedent’s death, decedent executed a general power of attorney             
          (POA) under the Connecticut Statutory Short Form Power of                   
          Attorney Act (the Act), Conn. Gen. Stat. Ann. secs. 1-42 to 1-56            
          (West 2000).  In the POA, decedent appointed an attorney and                
          decedent’s son, Gerald Gaynor, as attorneys-in-fact to act in               
          decedent’s stead.                                                           
               The POA consisted of a standard form POA under Connecticut             
          law and explicitly authorized decedent’s attorneys-in-fact to act           
          in decedent’s stead with respect to decedent’s ownership                    
          interests in real estate, chattels and goods, stocks and bonds,             
          banking, insurance, claims and litigation, personal relationships           







Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011