Issue: In 1998, the IRS opened a gift tax examination of the merger transaction and concluded that the Cavallaros had transferred Knight's property to their sons for less than adequate value and the merger was not a bona fide transaction made at arm's length and free from donative intent
Havey contributed all the funds to the accounts and retained the right to withdraw them does not negate the existence of donative intent
required to validate a gift.
Many modem (and even some early) courts have put forward what is best described as a remedial doctrine of gift formality, holding gifts valid where donors have died before they could complete delivery, at least if evidence of donative intent
Gifts of personal property are enforceable only upon evidence of donative intent
and some form of delivery, (16) which demonstrates that the donor understood what he was doing.
In Stern, the debtor (the estate of Anna Nicole Smith) had a counterclaim for intentional interference with a donative intent
against her step-son.
Alternatively, promises have an intangible value associated with the donative intent
of the promise, the good feelings that come from generosity.
The election that must be made by the credit card customer demonstrates that the charitable contribution is made voluntarily and with donative intent
While there are some variations, the "pure" presumed-consent statutes require no family consent and no search for family members to verify the deceased's donative intent
8) The courts have held that even when the donative intent
is identical, the transfer of goods is defeated when the form of the transfer is insufficient.
The uniform donor card is the most commonly used document to express donative intent
Unlike an outright transfer, a transfer in trust may protect the transferor's donative intent
despite potential marital discord, through retained indirect controls.
See Hyland, supra note 93, [paragraph] 894 (noting litigation generated by ostensible written declarations of gift expressing donative intent