Estate of Albert Strangi, Deceased, Rosalie Gulig, Independent Executrix - Page 21

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          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 those                





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