Estate of Albert Strangi, Deceased, Rosalie Gulig, Independent Executrix - Page 45

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          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:                                         







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