Estate of Sarah M. Davenport, Deceased, Richard Davenport, Executor - Page 28

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               legal or equitable title to the additional sums made                   
               available, and he himself played no role in the                        
               decision to create the trust.  We conclude that there                  
               is too little in this record to support a determination                
               that * * * [the child] was the grantor of the trust in                 
               this case.                                                             
               As can be gleaned from the foregoing recitation, Kegel v.              
          State, supra, is both legally and factually distinguishable from            
          the case at bar.  From a legal standpoint, that case was                    
          concerned with a technical exegesis of a narrow statutory                   
          definition having no particular analogue in the Federal estate              
          tax regime.  Critically, the question of whether a person is the            
          creator or grantor of a trust is distinctly different from the              
          question of whether someone had a beneficial interest in a trust            
          or other property.  From a factual standpoint, the documentary              
          record in Kegel v. State, supra, showed extensive commingling of            
          interests and did not favor any particular separation or                    
          allocation.  In contrast and for the reasons cataloged above, the           
          record here does, on balance, weigh distinctly in favor of                  
          decedent as the sole intended beneficiary of the annuities.                 
               Arrington v. United States, supra, offers stronger                     
          parallels.  That case, too, dealt with settlement of a lawsuit              
          brought by parents individually and on behalf of a minor son who            
          had sustained injuries at birth.  Id. at 145-146.  The pertinent            
          settlement agreement provided, inter alia, for an annuity “‘for             
          the sole use and benefit of’” the child, guaranteed for 360                 
          months, and payable to the child’s estate in the event of his               





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