36 applies if: (1) The decedent made an inter vivos transfer of property; (2) the decedent retained the possession or enjoyment of, or the right to the income from, the transferred property, or the right to designate who may use the property or the income therefrom; and (3) the transfer was for less than adequate and full consideration. Sec. 2036(a); National City Bank v. United States, 371 F.2d 13, 15 (6th Cir. 1966). Section 2036(a) applies only if all three of these requirements are met. Sec. 2036(a). Petitioner bears the burden of proof. Rule 142(a). As discussed next, we conclude that section 2036 does not apply here because Paul Brown (1) received adequate and full consideration for the 117 shares of Bengals stock, and (2) did 6(...continued) (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, or (2) the right, either alone or in conjunction with any person, to designate the persons who shall possess or enjoy the property or the income therefrom. (b) Voting rights.-- For purposes of subsection (a)(1), the retention of the right to vote (directly or indirectly) shares of stock of a controlled corporation shall be considered to be a retention of the enjoyment of transferred property.Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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