Estate of Marie S. Hubberd, Deceased, John B. McNamara, Jr., and Clayborne L. Nettleship, Co-Independent Executors - Page 8

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               Section 2033 aside, and again assuming that these were                 
          voidable transfers, we are equally convinced that the value of              
          decedent's Chapote limited partnership interest would be                    
          includable in the gross estate pursuant to section 2038(a)(1).              
          Section 2038(a)(1) provides in pertinent part:                              
               (a) In General.--The value of the gross estate                         
               shall include the value of all property--                              
                    (1) Transfers after June 22, 1936.--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, where the                       
               enjoyment thereof was subject at the date of his death                 
               to any change through the exercise of a power (in                      
               whatever capacity exercisable) by the decedent alone or                
               by the decedent in conjunction with any other person                   
               * * * to alter, amend, revoke, or terminate, or where any              
               such power is relinquished during the 3-year period ending             
               on the date of the decedent's death.                                   
          In sum, the value of the gross estate includes the value of any             
          interest transferred by the decedent, the enjoyment of which is             
          subject to change by virtue of the decedent's retention of the              
          power to alter, amend, revoke, or terminate, or where such power            
          is relinquished during the 3-year period ending with the                    
          decedent's death.                                                           
               If Dilworth's transfers of the decedent's Chapote limited              
          partnership interest constituted voidable transfers, the value of           
          the property would be includable in decedent's gross estate                 
          pursuant to section 2038.  See, e.g., Estate of Casey v.                    
          Commissioner, 948 F.2d 895 (4th Cir. 1991), revg. on other                  





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