- 45 - sort of functioning business enterprise that could potentially inject intangibles that would lift the situation beyond mere recycling. Cf. Estate of Harrison v. Commissioner, T.C. Memo. 1987-8; Church v. United States, 85 AFTR 2d 2000-804, 2000-1 USTC par. 60,369 (W.D. Tex. 2000), affd. without published opinion 268 F.3d 1063 (5th Cir. 2001) (both involving contributions by other participants not de minimis in nature, for a genuine pooling of interests). We therefore hold that decedent did not engage in any transfer for consideration upon the creation and funding of SFLP and Stranco. Accordingly, the estate is entitled to no exception to the treatment mandated by section 2036(a). II. Amount Includable With respect to the amount includable in decedent’s gross estate on account of a retained interest, the estate makes the following assertion: I.R.C. sec. 2036(a) only requires inclusion of property in a decedent’s estate to the extent that the decedent retained an interest in the transferred property. Assuming arguendo that Decedent did retain an interest in some of the property transferred to SFLP, I.R.C. sec. 2036 does not automatically require inclusion of all of the property transferred by Decedent to SFLP and Respondent has not sustained his burden of proof of establishing the extent, if any, of any retained interest. The foregoing premise, however, rests on a faulty understanding of the statute’s operation. As we recently explained in Estate of Thompson v. Commissioner, supra:Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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