Estate of Virginia A. Bigelow, Deceased, Franklin T. Bigelow, Jr., Executor - Page 19

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               Mr. Bigelow reported that the value of decedent’s general              
          partnership interest was $19,912.50, computed by taking 1 percent           
          of the value of the Padaro Lane property and applying a 35-                 
          percent control premium.                                                    
                                       OPINION                                        
               The value of an interest in property is included in a                  
          decedent’s gross estate if:  (1) The decedent made an inter vivos           
          transfer of the property;2 (2) the transfer was for less than               
          adequate and full consideration; and (3) the decedent retained              
          the possession or enjoyment of, or the right to the income from,            
          the transferred property.  Sec. 2036(a)(1).3  However, a                    
          decedent’s gross estate does not include property transferred               



               2 The estate does not contend that the transfer of the                 
          Padaro Lane property by decedent’s trust to Spindrift was not an            
          inter vivos transfer by decedent for purposes of sec. 2036(a),              
          and we conclude that it was.                                                
               3Sec. 2036(a)(1) provides in pertinent part:                           
               SEC. 2036. TRANSFERS WITH RETAINED LIFE ESTATE.                        
                    (a) General Rule.--The value of the gross estate                  
               shall include the value of all property to the extent                  
               of any interest therein of which the decedent has at                   
               any time made a transfer (except in case of a bona fide                
               sale for an adequate and full consideration in money or                
               money’s worth), by trust or otherwise, under which he                  
               has retained for his life or for any period not                        
               ascertainable without reference to his death or for any                
               period which does not in fact end before his death–-                   
                         (1) the possession or enjoyment of, or the                   
                    right to the income from, the property, * * *                     




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