Estate of Eleanor T.R. Trotter - Page 1
















                                 T.C. Memo. 2001-250                                  


                               UNITED STATES TAX COURT                                


          ESTATE OF ELEANOR T.R. TROTTER, DECEASED, WILLIAM F. RECTOR, JR.,           
                  AND ANN RECTOR LEWIS, CO-EXECUTORS, Petitioner v.                   
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket No. 288-00.                 Filed September 21, 2001.           

                    In 1993, D gratuitously transferred her residence                 
               to an irrevocable trust, naming her daughter as trustee                
               and her grandchildren as beneficiaries.  D then                        
               continued to occupy the residence without payment of                   
               rent until her death in 1996.                                          
                    Held:  There existed an implied understanding that                
               D would retain possession and enjoyment of the                         
               residence such that the property is includable in her                  
               gross estate under sec. 2036(a)(1), I.R.C.                             
                    Held, further, the value of the residence for                     
               purposes of inclusion in the gross estate is $125,000.                 

               H. Lawrence Yancey, for petitioner.                                    
               Elizabeth Downs, for respondent.                                       







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