Estate of Hilda F. Corbett, Deceased, Michael A. Sweeney, Administrator - Page 5

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          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,                







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