Estate of Augusta Porter Forbes - Page 28




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          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 limited              






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