Estate of Cyril I. Magnin, Deceased, Donald Isaac Magnin, Executor - Page 16




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          decedent was part of “a bona fide sale for an adequate and full             
          consideration in money or money’s worth”, then section 2036(a)              
          will not require inclusion in the gross estate.  Id.  If there is           
          consideration, but it is not “adequate and full consideration”,             
          then the property interest transferred by the decedent is                   
          included in his gross estate and an offset is allowed for the               
          partial consideration received.  Sec. 2043(a);10 Estate of Magnin           
          v. Commissioner, 184 F.3d at 1081-1082; United States v. Past,              
          347 F.2d at 14.                                                             
               As a result of the 1971 transfers in trust of the proceeds             

               9(...continued)                                                        
                    SEC. 2036(a). General Rule.--The value of the                     
               gross estate shall include the value of all property to                
               the extent of any interest therein of which the                        
               decedent has at any time made a transfer (except in                    
               case of a bona fide sale for an adequate and full                      
               consideration in money or money's worth), by trust or                  
               otherwise, under which he has retained for his life * *                
               *                                                                      
                         (1) the possession or enjoyment of, or the                   
                    right to the income from, the property * * *                      
               10Sec. 2043(a) provides:                                               
                    SEC. 2043(a). In General.–-If any one of the                      
               transfers, trusts, interests, rights, or powers                        
               enumerated and described in sections 2035 to 2038,                     
               inclusive, and section 2041 is made, created,                          
               exercised, or relinquished for a consideration in money                
               or money’s worth, but is not a bona fide sale for an                   
               adequate and full consideration in money or money’s                    
               worth, there shall be included in the gross estate only                
               the excess of the fair market value at the time of                     
               death of the property otherwise to be included on                      
               account of such transaction, over the value of the                     
               consideration received therefor by the decedent.                       





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