- 22 - 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 economicPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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