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Conference nyoss1::market_investing

Title:Market Investing
Moderator:2155::michaud
Created:Thu Jan 23 1992
Last Modified:Thu Jun 05 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:1060
Total number of notes:10477

809.0. "Gift Tax - giving near year end" by HELIX::SPIELMAN (jerry dtn 297-4879) Tue Dec 13 1994 13:46

    How do you determine the cutoff point for the year when trying to
    determine which "gifts" apply in a given year?  More specifically:
    
    Suppose a check is written Dec 20 by the giver, but not deposited
    until Jan x.  Is the gift considered part of the prior year, or not ?
    
    I can imagine arguments going either way. Does someone know for sure ?
    
    Jerry
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809.1it's taken when it's givenPCBUOA::GIUNTAWed Dec 14 1994 08:176
    If the check is written on December 20 and given in time for it to be
    deposited, then it is considered a gift this year.  It doesn't matter
    when the check is actually deposited.  It's similar to you writing and
    mailing a mortgage payment on December 31 -- you're allowed to take
    that interest deduction in this year, though the bank may not show it
    on your statement til next year.
809.2Its the postmark, not the check datePOBOX::CORSONHigher, and a bit more to the rightWed Dec 14 1994 16:445
    
    	-1 Absolutely positively correct. The IRS considers the date the
    payment was mailed as the final arbitrator; otherwise....
    
    		the Greyhawk
809.3POWDML::JOYCEThu Dec 15 1994 16:1910
Re:  Previous on Gifts

A recent tax letter I received indicated that the IRS in one case
took the position that the the gift is not received until the
check is deposited *and cleared*.  I believe the Tax Court did
not agree with the IRS in the case cited.  The recommendation of 
the newsletter writers was that the check should be received and
deposited before the end of the year in order to count as a gift
in the current year.