- 31 - On her original 2000 income tax return, decedent reported selling all 257,500 shares. She further did not file a gift tax return for 2000. Consistent with his mother’s treatment, Mr. Greene did not report any sale of shares on his 2000 return. The change in position to that reflected in decedent’s amended return transpired only after her death, at a time when she could no longer speak to her intentions regarding the eConnect stock and the Valdes & Moreno account. Decedent’s own representations on a return she reviewed and signed are decidedly more persuasive than recharacterizations by others nearly 3 years later, not to mention after an IRS assertion of additional tax due. Given the entire record in this case, the Court therefore concludes that the evidence is sufficient to rebut any presumption, arising due to a parent-child relationship, that a gift was intended. Hence, the circumstances cited by the estate, whether viewed individually or as a collective whole, fail to afford clear and convincing evidence of an intent to make a gift to Mr. Greene upon decedent’s establishment and funding of the disputed joint account, as mandated by TPC 438(a). Consideration of the remaining elements of a gift, i.e., delivery and acceptance, is unnecessary. The general rule of TPC 438(a) thus applies to accord ownership of the eConnect stock in proportion to the respective contributions of the parties to the joint account. The result is that decedent owned all the shares at thePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011