- 23 - benefit from the transferred property for purposes of section 2036(a)(1). First, we cannot lose sight of the fact that decedent contributed approximately 98 percent of his wealth, including his residence, to the SFLP/Stranco arrangement. Respondent alleges that the transfer left decedent with inadequate assets and cash flow to meet his living expenses, to which the estate takes objection. The estate goes to great lengths to counter respondent’s assertion, claiming that decedent at his death possessed liquefiable assets of at least $172,000 and received on a monthly basis a pension of $1,438.18 and Social Security of $1,559. The estate also stresses that respondent has not established the amount of decedent’s living expenses and maintains that, even if the $33,323.22 in checks paid from decedent’s account in August and September were used as an estimate, the purported liquefiable assets would have covered decedent’s needs for his concededly short life expectancy of 12 to 24 months. However, the relative dearth of liquefied (decedent’s Form 706 showed two bank accounts with funds totaling $762), as opposed to “liquefiable”, assets persuades us that decedent and his children and Mr. Gulig all expected that SFLP and Stranco would be a primary source of decedent’s liquidity. It is unreasonable to expect that decedent would be forced to rely on sale of assets to meet his basic costs of living.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011