- 19 - Byrum, 408 U.S. 125, 145 (1972) (possession and enjoyment are synonymous with substantial present economic benefit). The fact that decedent personally used less than all of the property does not demonstrate that she did not possess and enjoy the entire property. In contrast, where a decedent continues exclusive possession and continues to pay taxes and other property expenses after the transfer and the owner of record title neither charges rent nor takes possession of the property, these facts are highly indicative of an implied agreement. See Guynn v. United States, supra at 1150; Estate of Rapelje v. Commissioner, supra at 87. Here, however, decedent shared the property with Dean and his wife and rented the property at a below-market rent (discussed in more detail infra sec. II) to Coastal Ranches. Pursuant to its leases, Coastal Ranches paid the taxes and other property expenses associated with parcel 3. These facts do not of themselves prove the absence of an implied agreement. On balance, the objective facts convince us that an implied agreement giving decedent continuing possession and enjoyment of the entire homestead property did not exist. Unlike the authority that has been cited in respondent’s brief, this case involves a transfer of less than a fee simple interest in property. The majority owner’s continued use and possession of real property following transfer of a minority interest is notPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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