Estate of Sylvia Gore, Donor, Deceased, Pamela Powell, Personal Representative - Page 44




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          and to complete the above-described transfers.  Respondent                  
          contends that decedent’s execution of the assignment did not                
          effect a withdrawal of Marital Fund assets from the Marital Fund            
          pursuant to her power of withdrawal under the Sidney Gore Trust.            
          Alternatively, respondent contends that, even if the assignment             
          qualified as a valid exercise of decedent’s power to withdraw,              
          the simple act of executing the assignment, without more, was not           
          sufficient under Oklahoma law to complete the transfers described           
          in the assignment.  Respondent further contends that decedent did           
          not transfer title to, or signature authority over, any of the              
          Marital Fund assets before her death on June 12, 1997, that                 
          decedent never delivered the Marital Fund assets to GFLP, and               
          that decedent never released dominion and control over the                  
          Marital Fund assets during her lifetime.  Respondent alleges that           
          decedent continued to treat the Marital Fund assets (and the                
          income therefrom) as her property during her lifetime.                      
               C. Decedent’s Alleged Withdrawal of Marital Fund Assets on             
               January 8, 1997                                                        
               In order to apply the appropriate Federal tax laws, we must            
          first determine what property interests decedent owned on the               
          date of her death.  Because State law determines whether a                  
          taxpayer has a property interest or right, we must examine the              
          law of the State of Oklahoma to ascertain whether decedent had a            
          property interest in the Marital Fund assets on the date of her             
          death and, if so, the nature of that interest.  See Morgan v.               






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