Estate of Theodore R. Thompson, Deceased, Betsy T. Turner, Executrix - Page 40




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          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 in                 







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