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property located at 398 East 3300 South with a stipulated date-
of-death value of $73,000. Respondent determined that decedent
owned the property, and petitioner therefore bears the burden of
proving otherwise. Rule 142(a). The documentation petitioner
has presented is inadequate to satisfy petitioner's burden of
proof. As a result, we conclude that decedent owned the 398 East
3300 South property at the time the partnerships were funded.
Respondent contends that the value of the assets transferred
to the purported partnerships is includable in decedent's gross
estate pursuant to section 2033, 2036(a)(1), or 2038. We
conclude that the value of the assets is includable pursuant to
section 2036(a)(1). As a result, we do not address sections 2033
and 2038.
Section 2036(a)(1) provides that a decedent's gross estate
includes the value of all property interests transferred (other
than for full and adequate consideration in money or money's
worth) by a decedent during her life where she has retained for
life the possession or enjoyment of the property, or the right to
the income from the property. The term "enjoyment" refers to the
economic benefits from the property. Estate of Gilman v.
Commissioner, 65 T.C. 296, 307 (1975), affd. 547 F.2d 32 (2d Cir.
1976). Thus, "Enjoyment as used in the death tax statute is not
a term of art, but is synonymous with substantial present
economic benefit." McNichol's Estate v. Commissioner, 265 F.2d
667, 671 (3d Cir. 1959), affg. 29 T.C. 1179 (1958).
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