Estate of Theodore R. Thompson, Deceased, Betsy T. Turner, Executrix - Page 37




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          for less than 2 years.  Betsy’s correspondence in early 1995 to             
          Robert shows that the amount decedent retained was insufficient–-           
          his original holdings had diminished to $31,806, while his expenses         
          for the prior year totaled $57,202.  Betsy informed Robert that             
          decedent would need “an infusion” of funds to cover the balance of          
          decedent’s anticipated 1995 expenses.  She proposed that the Turner         
          Partnership and the Thompson Partnership transfer assets of equal           
          value to their father.  In March 1995 the Thompson Partnership              
          distributed $12,500 to decedent.                                            
               We are not persuaded otherwise by the insistence of decedent’s         
          estate that decedent always asked Betsy and Robert, in their                
          respective capacity as officers of the corporate general partners           
          of their partnerships, for the cash decedent needed to provide              
          Christmas gifts.11  The fact that decedent requested those sums does        
          not vitiate the existence of an understanding that he would receive         
          them.                                                                       
               Here, decedent’s outright transfer of the vast bulk of his             
          assets to the partnerships would have deprived him of the assets            


               11   Further, sec. 2036(a) applies when the decedent has “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.”  Sec. 2036(a)(2).  (Emphasis added.)  The parties have          
          limited their arguments to the application of sec. 2036(a)(1).              
          Since we find that decedent retained enjoyment of the property              
          within the meaning of sec. 2036(a)(1), we leave to another day the          
          application of sec. 2036(a)(2) to family limited partnerships such          
          as those existing in this case.                                             






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