- 21 - income” criterion, without need further to probe for an implied agreement regarding other benefits such as possession or enjoyment. The governing documents contain no restrictions that would preclude decedent himself, acting through Mr. Gulig, from being designated as a recipient of income from SFLP and Stranco. Such scenario is consistent with the reach of the right to income phrase as we described it in Estate of Pardee v. Commissioner, 49 T.C. 140, 148 (1967): section 2036(a)(1) refers not only to the possession or enjoyment of property but also to “right to the income” from property. The section does not require that the transferor pull the “string” or even intend to pull the string on the transferred property; it only requires that the string exist. See McNichol’s Estate v. Commissioner, 265 F.2d 667, 671 (C.A. 3, 1959), affirming 29 T.C. 1179 (1958) * * * b. Possession or enjoyment The facts of this case support the finding of an implied agreement for retained possession or enjoyment. We have previously considered implicit retention of these benefits under section 2036(a)(1) in situations involving family limited partnerships in Estate of Reichardt v. Commissioner, 114 T.C. 144 (2000); Estate of Thompson v. Commissioner, T.C. Memo. 2002-246; Estate of Harper v. Commissioner, T.C. Memo. 2002-121; and Estate of Schauerhamer v. Commissioner, T.C. Memo. 1997-242. Although the instant case is based on limited post-transfer history, due in part to decedent’s death only 2 months after creation of the partnership, we conclude that the reasoning underlying thosePage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011