Estate of Frances Elaine Freedman, Deceased, Robin Elaine Carnette, Personal Representative - Page 31

                                       - 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 the           






Page:  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