Estate of Paul E. Brown, Deceased, Peter D. Brown and Michael Brown, Co-Executors - Page 36

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          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.                                               



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