- 5 - in 1990, because notwithstanding James and Hilda’s 1986 payment of $72,000 for legal title to the House, David and Billie Jean at all times retained their full interest in the House. According to petitioner, this position is justified because legal title was transferred for less than fair market value and because David and Billie Jean retained exclusive use, control, and enjoyment of the House. For support, petitioner cites section 2036 of the Internal Revenue Code. Section 2036(a) provides in relevant part: 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 * * * Petitioner contends that if either David or Billie Jean had died during the 1986-90 period, the estate would have been required to include the value of the House, because David and Billie Jean retained “the possession or enjoyment” of the House after the 1986 transaction. Petitioner further contends that if David and Billie Jean did not effectively transfer the House to James and Hilda in 1986, James and Hilda could not have transferred the House back to David and Billie Jean in 1990,Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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