NOTES 605 Tax Lawyer, Vol. 57, No. 2 NOTE A SECOND CHANCE? EVALUATING AN INTER VIVOS TRANSFER AFTER A FAILED QTIP ELECTION: WELLS FARGO BANK NEW MEXICO V. UNITED STATES In Wells Fargo Bank New Mexico v. United States,1 the United States Court of Appeals for the Tenth Circuit held that, for federal tax purposes, the determinatiio of whether or not a gift has been made is an issue of federal law. The transfer in question was of an irrevocable life interest from a decedent to the decedent’s husband...