Estate of Albert Strangi, Deceased, Rosalie Gulig, Independent Executrix - Page 22

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          opinions directs a like result here.  Fundamentally, the                    
          preponderance of the evidence shows that decedent as a practical            
          matter retained the same relationship to his assets that he had             
          before formation of SFLP and Stranco.                                       
               Circumstances that have been found probative of an                     
          implicitly retained interest under section 2036(a)(1) include               
          transfer of the majority of the decedent’s assets, continued                
          occupation of transferred property, commingling of personal and             
          entity assets, disproportionate distributions, use of entity                
          funds for personal expenses, and testamentary characteristics of            
          the arrangement.  Guynn v. United States, 437 F.2d at 1150;                 
          Estate of Reichardt v. Commissioner, supra at 152-154; Estate of            
          Thompson v. Commissioner, supra; Estate of Harper v.                        
          Commissioner, supra; Estate of Trotter v. Commissioner, T.C.                
          Memo. 2001-250; Estate of Schauerhamer v. Commissioner, supra.              
               At the outset, we acknowledge that, in contrast to certain             
          of the prior cases, the participants involved in the SFLP/Stranco           
          arrangement generally proceeded such that “the proverbial ‘i’s              
          were dotted’ and ‘t’s were crossed’.”  Strangi I at 486.  Steps             
          were taken to abide by the formal terms of the structure created.           
          Such measures may give SFLP and Stranco sufficient substance to             
          be recognized as legal entities in the context of valuation,                
          which requires assumption of a hypothetical buyer and seller.               
          They do not preclude implicit retention by decedent of economic             






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