Estate of Theodore R. Thompson, Deceased, Betsy T. Turner, Executrix - Page 34




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          the decedent at the time of his death.”  Sections 2034 through 2045         
          include in the gross estate several narrowly defined classes of             
          assets.  Among these specific sections is section 2036, which reads         
          in pertinent part as follows:                                               
               SEC. 2036.  TRANSFERS WITH RETAINED LIFE ESTATE.                       
                    (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 or for any period not ascertainable              
               without reference to his death or for any period which                 
               does not in fact end before his death–-                                
                         (1) the possession or enjoyment of, or                       
                    the right to the income from, the property, or                    
                         (2) the right, either alone or in                            
                    conjunction with any person, to designate the                     
                    persons who shall possess or enjoy the                            
                    property or the income therefrom.                                 
               Section 2036(a) effectively includes in the gross estate the           
          full fair market value, at the date of death, of all property               
          transferred in which the decedent had retained an interest, rather          
          than the value of only the retained interest.  Fidelity-                    
          Philadelphia Trust Co. v. Rothensies, 324 U.S. 108 (1945).  This            
          furthers the legislative policy to “include in a decedent’s gross           
          estate transfers that are essentially testamentary--i.e., transfers         
          which leave the transferor a significant interest in or control             
          over the property transferred during his lifetime.”  United States          
          v. Estate of Grace, 395 U.S. 316, 320 (1969).  Thus, an asset               






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