Estate of Sylvia Gore, Donor, Deceased, Pamela Powell, Personal Representative - Page 51




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               Under Oklahoma caselaw, a donor retains the incidents of               
          ownership, dominion, and control over stocks and other financial            
          instruments, even where the donor intends to make a gift and/or             
          delivers the subject matter of the gift, in the following                   
          instances:  (1) The donor continues to receive and expend                   
          dividends paid on stock; (2) the donor retains the sale proceeds            
          from stock; (3) the donor continues to collect payments on a                
          promissory note; or (4) the donor maintains the ability to cash a           
          certificate of deposit for himself, to change the payee, or to              
          pledge it as collateral.  Estate of Davenport v. Commissioner,              
          supra at 1188 (fact that donor did not receive any dividends                
          demonstrated that donor did not exercise any control over the               
          stock); Courtney v. First Natl. Bank, supra at 460 (donor failed            
          to relinquish dominion and control, and alleged transfer of                 
          property was not irrevocable); Davis v. Natl. Bank of Tulsa,                
          supra; Barry v. Phillips, supra; Frazier v. Oklahoma Gas & Elec.,           
          supra.                                                                      
               Respondent argues that decedent retained dominion and                  
          control over Marital Fund assets after January 8, 1997, by                  
          collecting dividends and interest on Marital Fund assets, by                
          retaining proceeds from the sale or liquidation of Marital Fund             
          assets, by depositing income generated by Marital Fund assets               
          into bank accounts she owned and/or controlled, and by using                
          income from Marital Fund assets for her personal expenses.  We              






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