Estate of Albert Strangi, Deceased, Rosalie Gulig, Independent Executrix - Page 37

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          estate’s observation ignores the existence in United States v.              
          Byrum, supra, of the independent trustee who alone had the                  
          ability to determine distributions from the disputed trust,                 
          notwithstanding any prior action by corporate owners or                     
          directors.  It also ignores the identity of the shareholders in             
          this case and the dual roles played by Mr. Gulig.                           
               To summarize, review of the documentary evidence discussed             
          above reveals that decedent here retained rights of a far                   
          different genre from those at issue in United States v. Byrum,              
          supra.  Rather than mere “control”, management, or influence,               
          there are traceable to decedent through the explicit provisions             
          of the governing instruments ascertainable and legally                      
          enforceable rights to designate persons who shall enjoy the                 
          transferred property and its income.  The estate’s reliance on a            
          limited partner’s lack under the TRLPA of participation in                  
          control and under the SFLP agreement of management authority is             
          thus misplaced.  The alleged absence of such powers cannot negate           
          the dispositive rights granted in the instant case.  The                    
          SFLP/Stranco arrangement placed decedent in a position to act,              
          alone or in conjunction with others, through his attorney in                
          fact, to cause distributions of property previously transferred             
          to the entities or of income therefrom.  Decedent’s powers,                 
          absent sufficient limitation as discussed infra, therefore fall             
          within the purview of section 2036(a)(2).                                   






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