Estate of Robert V. Schuler - Page 16




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               that a finding of a bargained-for consideration is not                 
               necessary to establish reciprocity.  [United States v.                 
               Estate of Grace, 395 U.S. at 325 n.10.]                                
               In this case, the transfers were interrelated.  We have no             
          doubt that decedent's transfers of stock to his brother's family            
          were quid pro quo for George's transfers of stock to decedent's             
          family; the exchanged stock was the bargained-for consideration.            
          Furthermore, the brothers' plan to exchange the stock via                   
          transfers to each other's families on the same days in 1994 and             
          1995 establishes that the transfers were reciprocal.  See Lehman            
          v. Commissioner, supra at 100-101 ("Here the transfer by the                
          decedent's brother, having been paid for and brought about by the           
          decedent, was in substance a 'transfer' by the decedent".).                 
               The estate contends that decedent was not left in the same             
          economic position after the transfers as his net worth was                  
          "severely depleted".  The estate misconstrues the reciprocal                
          transaction doctrine.  The relevant inquiry in reciprocal                   
          indirect transfer cases is whether the transferees are in                   
          approximately the same economic position as they would be if the            
          donor transferred the property directly to them.  See Schultz v.            
          United States, supra; Furst v. Commissioner, supra.  Here, in               
          simultaneous, circuitous transfers, decedent conveyed stock with            
          a total value of $440,467.20 to his brother's family, and George            
          conveyed stock with a total value of $382,140 to decedent's                 
          family.  The difference in these amounts, $58,327.20, was                   






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