Estate of Rebecca A. Wineman - Page 18




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          United States, 437 F.2d 1148, 1150 (4th Cir. 1971).  In                     
          determining whether an implied agreement existed, “all facts and            
          circumstances surrounding the transfer and subsequent use of the            
          property must be considered.”  Estate of Rapelje v. Commissioner,           
          73 T.C. 82, 86 (1979); sec. 20.2036-1(a), Estate Tax Regs.                  
               Decedent gave her children, collectively, a 24-percent                 
          interest in parcel 3.  Parcel 3 consisted of just over 10 acres             
          and had two houses, two large barns, a small barn, a granary, a             
          farm shop, cattle scales and corrals, two garages, and a small              
          orchard.  Pursuant to its leases of decedent's properties,                  
          Coastal Ranches stored hay in the barns, used the corrals and               
          farm shop, and kept vehicles in a garage and one of the big                 
          barns.  Decedent occupied the larger house, although Dean kept              
          his desk and bookkeeping papers in one of the bedrooms and used             
          it as an office.  Another bedroom was used primarily by Marian              
          when she visited from Montana.  Coastal Ranches used an office in           
          the main house.  Dean resided in the smaller house on the                   
          homestead property.  Other than the main house, decedent's                  
          personal use of parcel 3 was limited to the garden and small                
          orchard next to the main house.                                             
               Decedent’s limited personal use of the property does not               
          prove the absence of an implied agreement.  In fact, the record             
          is silent as to whether decedent could designate who might enjoy            
          the property.  See sec. 2036(a)(2); see also United States v.               





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