- 24 - trust in which the decedent retains only a life interest, the adequacy of the consideration must be determined by comparing the value of the consideration received with the total value of the property the decedent transferred to the trust rather than with just the remainder interest. Id. at 259-260. Indeed, petitioner's argument is no different from contending that the value of the retained life estate should be regarded as part of the consideration received for the transfer, an argument this Court has specifically rejected. Estate of Glen v. Commissioner, 45 T.C. 323, 343 (1966). The same issue was presented in United States v. Past, supra, where the decedent and her husband transferred their community property to a trust in which the decedent received an income interest for life. The transfer was pursuant to a divorce settlement. Citing this Court's opinion in Estate of Gregory v. Commissioner, supra, the Court of Appeals for the Ninth Circuit rejected the argument that the decedent's transfer to the trust was excepted from section 2036(a) as a bona fide sale for adequate and full consideration. The court held that the consideration received by the decedent had to be measured against the total value of the property that she contributed to the trust, rather than the value of the remainder interest in the property that she contributed. Given that the decedent transferred $243,989 in property to the trust in return for a life estate worth approximately $143,346, the Court of AppealsPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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