- The date on which the donor has so parted with dominion and control under local law as to leave in the donor no power to change its disposition, or
- The date on which the donee deposits the check (or cashes it against available funds of the donee) or presents the check for payment, if it is established that:
- The check was paid by the drawee bank when first presented to the drawee bank for payment;
- The donor was alive when the check was paid by the drawee bank;
- The donor intended to make a gift;
- Delivery of the check by the donor was unconditional; and
- The check was deposited, cashed, or presented in the calendar year for which completed gift treatment is sought and within a reasonable time of issuance.
Jeffrey S. Freeman, J.D., LL.M.
2051 Villa Rd
Birmingham, MI 48009