- 37 - 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.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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