Estate of Charles E. Reichardt - Page 22




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          property, leaving no remainder for the children.  See Hudspeth v.           
          Hudspeth, 756 S.W.2d 29, 31 (Tex. App. 1988) (life tenant may               
          destroy any contingent interests held by remaindermen if testator           
          expressly gives life tenant power to completely dispose of                  
          corpus); Calvert v. Thompson, 339 S.W.2d 685 (Tex. App. 1960)               
          (same).  No document shows that decedent transferred only a life            
          interest in any asset to the trust or partnership.                          
               We conclude that decedent owned and gave to the trust and              
          partnership during his lifetime all of the interests in the                 
          Cameron, San Patricio, Nueces, and Kleberg Counties property that           
          had belonged to Mrs. Reichardt when she died.9  Thus, those                 
          property interests are subject to section 2036.                             
               5.   Conclusion                                                        
               We conclude that section 2036(a) applies to all of the                 
          property that decedent transferred to the partnership.                      
          C.   Amount Included in Decedent’s Estate Under Section 2036(a)             
               To decide the amount included in decedent’s estate under               
          section 2036(a), we must decide the value on the date of                    
          decedent’s death of the property that decedent transferred to the           
          partnership.  James R. Parks (Parks), petitioner’s expert who               



               9  Decedent’s life interest in the Cameron and San Patricio            
          Counties property included the power to convey that property to             
          the partnership.  Decedent did so even though that property                 
          remained in the name of the Estate of Jessie Dennett.  See Logan            
          v. Logan, 156 S.W.2d 507, 512 (Tex. 1941); King v. Evans, 791               
          S.W.2d 531 (Tex. App. 1990).                                                





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