- 40 - principally as an alternate vehicle through which decedent would provide for his children at his death. Estate of Schauerhamer v. Commissioner, supra. We conclude that decedent retained enjoyment of the contributed property within the meaning of section 2036(a)(1). B. Whether Decedent Transferred Property to the Partnership in a Bona Fide Sale for Full and Adequate Consideration Section 2036(a) does not apply to a transfer that is “a bona fide sale for an adequate and full consideration in money or money’s worth”. Decedent’s estate contends that decedent’s transfer of his assets to the partnerships falls within that exception. We disagree. We believe that decedent’s transfer of his property to the partnerships does not constitute “a bona fide sale for an adequate and full consideration”, within the meaning of section 2036(a). The exemption under section 2036(a) is limited to those transfers where the transferor has received full consideration in a genuine arm’s-length transaction. Estate of Goetchius v. Commissioner, 17 T.C. 495, 503 (1951). The exemption is not allowed where there is only contractual consideration but not “adequate and full consideration in money or money’s worth.” Id. When a family partnership is only a vehicle for changing the form in which the decedent held his property--a mere “recycling of value”--the decedent’s receipt of a partnership interest inPage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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