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court proceedings that arise in connection with examinations
commencing after July 22, 1998. Internal Revenue Service
Restructuring & Reform Act of 1998, Pub. L. 105-206, sec.
3001(c), 112 Stat. 685, 727. Since the parties here stipulated
that examination of the estate tax return at issue was initiated
on October 28, 1997, section 7491 is inapplicable, and the
estate’s references thereto on brief are misplaced. The burden
therefore remains on the estate to establish that respondent’s
determination is erroneous.
B. Existence of Consideration
In accordance with the foregoing standards, the value of the
condominium must be included in decedent’s gross estate if she
retained an interest therein of a type described in section
2036(a), unless she received adequate and full consideration for
the transfer at issue. As a threshold matter, we note that both
parties have proposed as a finding of fact that no consideration
was paid for the transfer. Since nothing in the record
establishes that the conveyance of title was other than
gratuitous, we accept the proposed finding as a concession by the
estate. We also observe that even if decedent’s subsequent rent-
free occupancy is taken into account in this calculus, it is
self-evident that the value of a life estate is not the
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