Estate of Charles E. Reichardt - Page 14




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          trust.  Decedent was the only trustee to open brokerage accounts            
          or sign partnership checks.  He did not open any accounts for the           
          trust.                                                                      
               Decedent commingled partnership and personal funds.  He                
          deposited some partnership income in his personal account.  He              
          used the partnership’s checking account as his personal account.            
          He lived at 214 Encino without paying rent before or after he               
          transferred it to the trust and to the partnership.  Decedent’s             
          relationship to the assets at issue remained the same after he              
          transferred them.  If a decedent's relationship to assets remains           
          the same after a transfer as it was before a transfer, the value            
          of the assets may be included in the decedent's gross estate.               
          See sec. 2036(a)(1); Guynn v. United States, supra; Estate of               
          Hendry v. Commissioner, supra at 874; Estate of Schauerhamer v.             
          Commissioner, T.C. Memo. 1997-242.  Here, nothing changed after             
          decedent transferred his interests in the property to the trust             
          and the partnership, except legal title.                                    
               Petitioner contends that decedent had no relationship to any           
          of the real property except for 214 Encino and the Routt rental             
          property because Welch and the Estate of Jessie Dennett managed             
          those properties.  We disagree.  Section 2036 applies not only if           
          a transferor retains possession or enjoyment of property, but               
          also if a transferor retains the right to income from the                   
          property.  See sec. 2036(a)(1).  We believe that decedent and his           






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