Estate of Metzger v. Commissioner
United States Tax Court
Decedent (D) executed a power of attorney appointing his son (S) attorney-in-fact and granting S the authority to make gifts on D's behalf. On Dec. 14, 1985, S drew four checks against D's personal checking account payable to himself, his wife (W), and two other individuals.
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Decedent (D) executed a power of attorney appointing his son (S) attorney-in-fact and granting S the authority to make gifts on D's behalf. On Dec. 14, 1985, S drew four checks against D's personal checking account payable to himself, his wife (W), and two other individuals. S and W deposited their checks in a joint savings account on Dec. 31, 1985. These checks did not clear the drawee bank until Jan. 2, 1986. D died in 1987. Held: D maintained dominion and control over the checks until they were paid by the drawee bank on Jan. 2, 1986, notwithstanding D's express ratification of the lawful…
1Opinion of the Court
Hamblen, Chief Judge:
Respondent determined a deficiency of $11,701 in the Federal estate tax of the Estate of Albert F. Metzger (petitioner).1 This case is presently before the Court on cross-motions for partial summary judgment pursuant to Rule 121.
After concessions, the sole remaining issue for decision is whether Albert F. Metzger made taxable gifts of $20,000 during his lifetime. Central to this issue is the question of whether noncharitable gifts made by check and drawn by an attorney in fact on behalf of the donor are complete as of the date the checks are deposited by the donees. We…
2Cases cited14 opinions
- Naftel v. CommissionerUnited States Tax Court · 1985
- Zaentz v. CommissionerUnited States Tax Court · 1988
- United States Trust Co. v. HelveringSupreme Court of the United States · 1939
- Spiegel v. CommissionerUnited States Tax Court · 1949
- Estate of Jalkut v. CommissionerUnited States Tax Court · 1991
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Estate of Newman v. CommissionerUnited States Tax Court · 1998
- Estate of Cummins v. CommissionerUnited States Tax Court · 1993
- Estate of DiSanto v. CommissionerUnited States Tax Court · 1999
- Estate of Metzger v. CommissionerUnited States Tax Court · 1993
- Estate of Newman v. CommissionerUnited States Tax Court · 1998
3 more not listed; retrieve them via the Exa API.