- 28 - interests in land, an implied trust in favor of a son-in-law who, without consideration and without relinquishing possession of the land, had executed a land deed to his father-in-law with the mutual understanding that the father-in-law would convey the land to the son-in-law’s wife and children). In Estate of Spruill v. Commissioner, supra, this Court applied these principles of implied trusts under Georgia law to conclude that an implied resulting trust arose in favor of a daughter and her husband with respect to a homesite where the facts clearly demonstrated an understanding among the parties that the daughter’s father took legal title to the homesite for the sole purpose of obtaining financing on the property but enjoyed no beneficial interest in the property. Accordingly, this Court determined that the homesite was not includable in the father’s gross estate. See also Estate of Rodriguez v. Commissioner, T.C. Memo. 1989-13 (applying Georgia law to hold that decedent’s gross estate excluded beneficial interests in real property with respect to which decedent held legal title as the trustee of an implied resulting trust in favor of his closely held corporation, based on a mutual understanding that the closely held corporation was to have beneficial ownership). Here, the totality of the evidence clearly shows a mutual understanding and intent that when Mr. Forbes, Walter, and Betty transferred their respective property interests to the limitedPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011