Estate of Albert Strangi, Deceased, Rosalie Gulig, Independent Executrix - Page 46

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                    Section 2036(a) effectively includes in the gross                 
               estate the full fair market value, at the date of                      
               death, of all property transferred in which the                        
               decedent had retained an interest, rather than the                     
               value of only the retained interest.  Fidelity-                        
               Philadelphia Trust Co. v. Rothensies, 324 U.S. 108                     
               (1945).  This furthers the legislative policy to                       
               “include in a decedent’s gross estate transfers that                   
               are essentially testamentary--i.e., transfers which                    
               leave the transferor a significant interest in or                      
               control over the property transferred during his                       
               lifetime.”  United States v. Estate of Grace, 395 U.S.                 
               316, 320 (1969).  Thus, an asset transferred by a                      
               decedent while he was alive cannot be excluded from his                
               gross estate unless he “absolutely, unequivocally,                     
               irrevocably, and without possible reservations, parts                  
               with all of his title and all of his possession and all                
               of his enjoyment of the transferred property.”                         
               Commissioner v. Estate of Church, 335 U.S. 632, 645                    
               (1949). * * * [Emphasis added.]                                        
          Regulations further detail that “If the decedent retained or                
          reserved an interest or right with respect to a part only of the            
          property transferred by him, the amount to be included in his               
          gross estate under section 2036 is only a corresponding                     
          proportion”.  Sec. 20.2036-1(a), Estate Tax Regs.  Accordingly,             
          caselaw and regulatory authority converge to indicate that the              
          full value of transferred property is includable unless there               
          existed some specific portion of the contributed assets that the            
          retained interest or rights could not reach.                                
               Here, the record reveals that no part of the transferred               
          property was exempt from the rights or enjoyment retained by                
          decedent.  The relevant documents make no distinction among the             
          various assets contributed, nor does the evidence reflect that              
          Mr. Gulig looked to particular assets in determining whether                





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