Estate of Albert Strangi, Deceased, Rosalie Gulig, Independent Executrix - Page 44

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          children opted to join after the substantive decisions had been             
          made.                                                                       
               Second, full and adequate consideration does not exist                 
          where, as here, there has been merely a “recycling” of value                
          through partnership or corporate solution.  See Estate of                   
          Thompson v. Commissioner, T.C. Memo. 2002-246; Estate of Harper             
          v. Commissioner, supra; Kimbell v. United States, 244 F. Supp. 2d           
          700 (N.D. Tex. 2003).  As we recently explained in Estate of                
          Harper v. Commissioner, supra:                                              
               to call what occurred here a transfer for consideration                
               within the meaning of section 2036(a), much less a                     
               transfer for an adequate and full consideration, would                 
               stretch the exception far beyond its intended scope.                   
               In actuality, all decedent did was to change the form                  
               in which he held his beneficial interest in the                        
               contributed property. * * * Without any change                         
               whatsoever in the underlying pool of assets or prospect                
               for profit, as, for example, where others make                         
               contributions of property or services in the interest                  
               of true joint ownership or enterprise, there exists                    
               nothing but a circuitous “recycling” of value.  We are                 
               satisfied that such instances of pure recycling do not                 
               rise to the level of a payment of consideration.  To                   
               hold otherwise would open section 2036 to a myriad of                  
               abuses engendered by unilateral paper transformations.                 
               We see no distinction of consequence between the scenario              
          analyzed in Estate of Harper v. Commissioner, supra, and that of            
          the present case.  Decedent contributed more than 99 percent of             
          the total property placed in the SFLP/Stranco arrangement and               
          received back an interest the value of which derived almost                 
          exclusively from the assets he had just assigned.  Furthermore,             
          the SFLP/Stranco arrangement patently fails to qualify as the               





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