Estate of Charles E. Reichardt - Page 13




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          Commissioner, supra at 86-87.  Petitioner bears the burden (which           
          is especially onerous for transactions involving family members)            
          of proving that an implied agreement or understanding between               
          decedent and his children did not exist when he transferred the             
          property at issue to the trust and to the partnership.  See                 
          Estate of Skinner v. United States, 316 F.2d 517, 520 (3d Cir.              
          1963); Estate of Rapelje v. Commissioner, supra at 86; Estate of            
          Hendry v. Commissioner, 62 T.C. 861, 872 (1974).                            
               Petitioner contends that decedent and his children did not             
          have an implied agreement that decedent could continue to use the           
          property after he conveyed it to the partnership.  Petitioner               
          contends that the partnership was formed (a) to curtail                     
          decedent’s enjoyment of the property transferred to the limited             
          partnership, (b) to prevent him from taking imprudent actions               
          with regard to the property and to settle family disharmony                 
          regarding the assets, and (c) to give the children more control             
          over the assets.                                                            
                    a.   Whether Decedent Curtailed His Enjoyment of the              
                         Transferred Property                                         
               Decedent did not curtail his enjoyment of the transferred              
          property after he formed the partnership.  Nothing changed except           
          legal title.  Decedent managed the trust which managed the                  
          partnership.  Decedent was the only trustee to sign the articles            
          of limited partnership, the deeds, the transfer of lien, and any            
          document which could be executed by one trustee on behalf of the            





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