Estate of Charles E. Reichardt - Page 20




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          transferred to family limited partnerships established for the              
          benefit of family members.  In Schauerhamer, the children                   
          testified that they intended the decedent’s relationship with the           
          transferred assets to remain the same after the transfer.  Here,            
          the objective evidence (described above) shows that there was an            
          implied agreement that the decedent could continue to enjoy the             
          property, the children did not deny that there was such an                  
          agreement, and we have so found.  The decedents in both                     
          Schauerhamer and the instant case commingled funds.  Petitioner             
          cites no significant distinction between Schauerhamer v.                    
          Commissioner, supra, and this case.                                         
               4.   Whether Interests in the Cameron, San Patricio, Nueces,           
                    and Kleberg Counties Property Held by the Partnership             
                    Are Not Subject to Section 2036 Because Decedent Never            
                    Owned Those Interests                                             
               Petitioner contends that Mrs. Reichardt’s interests in the             
          Cameron, San Patricio, Nueces, and Kleberg Counties property are            
          not subject to section 2036 because they passed directly from her           
          estate to the partnership and decedent never owned any interest             
          in them.  We disagree.                                                      
               The interests in the Cameron, San Patricio, Nueces, and                
          Kleberg Counties property were Mrs. Reichardt’s separate                    
          property.  Under her will, a life interest in that property                 
          vested in decedent under Texas law when Mrs. Reichardt died.  See           
          Tex. Prob. Code Ann. sec. 37 (West Supp. 1999).  Decedent’s life            
          interest included the power to consume all of Mrs. Reichardt’s              





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