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Rignt concept. Bad interpretation. Both situations above are 2014 gifts. A gift is completed when the gifter can no longer affect the gift. This is dependent on state law but usually means after the check has cleared. See http://www.thefreelibrary.com/Gift+was+completed+when+check+...... for one case that went to Tax Court.


What I read is that the tax court found for Metzger and said that the IRS didn't get to claim that it wasn't a gift until after the check had cleared. The tax court said that the date on the check applied because the donor intended to make a gift, the donor presented the check to the recipient in a reasonable time, and the delivery was unconditional.
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