Estate of Charles E. Reichardt - Page 15




                                       - 15 -                                         
          children had an implied agreement that decedent could retain for            
          his lifetime the right to the income from all of the real                   
          property that the partnership had when decedent died.  Thus,                
          decedent did not curtail his enjoyment of the transferred                   
          property after he transferred it to the trust and partnership.              
               Decedent’s estate tax return states that when decedent died            
          he had personal property, a car, and $2,389 cash, and he was owed           
          a $429 Federal income tax refund and a $733 medical refund.                 
          Decedent apparently conveyed nearly all of his assets to the                
          trust and partnership.7  This suggests that decedent had an                 
          implied agreement with his children that he could continue to use           
          those assets.  Cf. Estate of Paxton v. Commissioner, 86 T.C. 785,           
          810 (1986).                                                                 
                    b.   Whether Decedent Transferred Property to the Trust           
                         and Partnership To Prevent Decedent From Treating            
                         the Property Imprudently, To Settle Family                   
                         Disharmony, and To Give Children Control Over                
                         Assets                                                       
               Petitioner contends that decedent formed the partnership to            
          prevent him from treating the transferred property imprudently.             
          We disagree because decedent controlled the partnership, and he             
          had the power to act alone on behalf of the trust which was the             



               7  Based on the estate tax return for decedent’s estate and            
          Hannah’s records, respondent alleges that decedent gave about 98            
          percent of his property to the partnership.  Petitioner’s only              
          response was that respondent’s allegation is not based on the               
          record and is “unsupported by calculations.” Respondent’s 98-               
          percent estimate appears to be reasonable.                                  





Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011