- 50 - 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.Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 NextLast modified: November 10, 2007