Estate of Albert Strangi, Deceased, Rosalie Gulig, Independent Executrix - Page 24

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               A second feature highly probative under section 2036(a)(1)             
          is decedent’s continued physical possession of his residence                
          after its transfer to SFLP.  The estate maintains that any                  
          otherwise negative implications of this circumstance are                    
          neutralized by the fact that SFLP “charged Mr. Strangi rent” on             
          occupancy of the home and reported rental income on its 1994 tax            
          return.  Decedent likewise reported a rent obligation on his                
          estate tax return.  For accounting purposes, the accrued rent was           
          recorded by SFLP on its books.  Yet the accrued amount was not              
          paid until January 1997.  A residential lessor dealing at arm’s             
          length would hardly be content merely to accrue a rental                    
          obligation for eventual payment more than 2 years later.  As we             
          have remarked, accounting entries alone are of small moment in              
          belying the existence of an agreement for retained possession and           
          enjoyment.  Estate of Reichardt v. Commissioner, 114 T.C. at 154-           
          155; Estate of Harper v. Commissioner, T.C. Memo. 2002-121.                 
               Concerning factors that relate to use of entity funds, the             
          estate emphasizes that each disbursement for decedent or his                
          estate was accompanied by a pro rata allotment to Stranco.                  
          Where, as here, the only interest in the partnership other than             
          that held by the decedent is de minimis, a pro rata payment is              
          hardly more than a token in nature.  In these circumstances, pro            
          rata disbursements are insufficient to negate the probability               
          that the decedent retained economic enjoyment of his or her                 






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