Estate of Charles E. Reichardt - Page 16




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          partnership’s sole general partner.  He alone (1) executed the              
          articles of limited partnership, the deeds, and the transfer of             
          lien; (2) opened the brokerage accounts; and (3) signed all of              
          the partnership checks.                                                     
               Petitioner emphasizes that decedent’s children were                    
          concerned that he would give Mrs. Reichardt’s property to his               
          lady friend.  Despite that, Mrs. Reichardt’s will gave decedent             
          the power to consume all of her separate property in which she              
          gave him a life interest.  Mrs. Reichardt was sophisticated and             
          capable.  We do not think she would have given him such broad               
          power if she had the concern that petitioner alleges.  In                   
          addition, decedent did not do what petitioner says his children             
          suspected he would do.  The facts suggest that this argument of             
          petitioner’s is, at best, overstated.                                       
               Petitioner also alleges that decedent formed the trust and             
          partnership to give his children control over the assets while he           
          was living.  The facts suggest otherwise.  Decedent’s children,             
          as cotrustees, could have taken, but did not take, actions                  
          related to the trust or exercise control over the assets while              
          decedent lived.                                                             
                    c.   Fiduciary Duties                                             
               Petitioner contends that decedent's fiduciary duties as a              
          general partner and trustee precluded him from retaining                    
          enjoyment of the assets.  We disagree.  Decedent’s fiduciary                






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