Estate of Sylvia Gore, Donor, Deceased, Pamela Powell, Personal Representative - Page 50




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          evidence that GFLP held legal title to any assets of the Marital            
          Fund when decedent died.                                                    
               Petitioner argues, however, that decedent’s failure to                 
          transfer legal title to Marital Fund assets pursuant to the                 
          assignment was immaterial because legal title is only prima facie           
          evidence of ownership.  Although the transfer of legal title is             
          not an essential element of an inter vivos gift under Oklahoma              
          law, the presumption under Oklahoma law that ownership lies with            
          the person holding legal title to an asset can be overcome only             
          by evidence that the donor delivered, or otherwise parted with              
          dominion and control over, the subject matter of the gift.                  
          Estate of Davenport v. Commissioner, supra at 1185-1186; Davis v.           
          Natl. Bank of Tulsa, supra at 486; Barry v. Phillips, supra at              
          1045; Frazier v. Okla. Gas & Elec. Co., supra at 14; see also               
          sec. 25.2511-2(b), Gift Tax Regs. (a gift is complete only when             
          the donor “has so parted with dominion and control as to leave in           
          him no power to change its disposition, whether for his own                 
          benefit or for the benefit of another”).  Whether the donor has             
          parted with dominion and control and is powerless to change the             
          disposition of the property is governed by State law.  Estate of            
          Dillingham v. Commissioner, 88 T.C. 1569, 1575-1576 (1987), affd.           
          903 F.2d 760 (10th Cir. 1990); Estate of Cummins v. Commissioner,           
          T.C. Memo. 1993-518.                                                        








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