Estate of Cyril I. Magnin, Deceased, Donald Isaac Magnin, Executor - Page 25

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          for the Ninth Circuit held that the decedent did not receive                
          adequate and full consideration under section 2036(a).  United              
          States v. Past, supra at 12-14.                                             
               Whether the consideration received by Cyril under the 1951             
          Agreement was "adequate and full" within the meaning of section             
          2036(a) must be determined by comparing the value of what Cyril             
          received on October 31, 1951, with the October 31, 1951, value of           
          the stock that Cyril owned and agreed to transfer to his children           
          at his death; i.e., the value that otherwise would have been                
          included in his gross estate by virtue of the retained life                 
          estate.  Id. at 12; United States v. Allen, 293 F.2d 916, 918               
          (10th Cir. 1961); Estate of D'Ambrosio v. Commissioner, supra at            
          260; Estate of Gregory v. Commissioner, 39 T.C. at 1016; Gradow             
          v. United States, 11 Cl. Ct. 808 (1987), affd. 897 F.2d 516 (Fed.           
          Cir. 1990).  Such measurement is consistent with the purpose                
          behind the "adequate and full consideration" exception--to                  
          prevent the depletion of the decedent's estate.  Commissioner v.            
          Wemyss, 324 U.S. at 307; Commissioner v. Bristol, 121 F.2d at               
          134; Estate of Frothingham v. Commissioner, 60 T.C. at 215-216.             
          Accordingly, we hold that the consideration received by Cyril               
          under the 1951 Agreement was not "adequate and full" within the             
          meaning of section 2036(a), and, therefore, the value of the                
          trusts that Cyril created in 1971 must be included in his gross             







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