Estate of Ida Abraham, Deceased, Donna M. Cawley, and Diana A. Slater, Administratrixes - Page 19

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          guardian ad litem that decedent would retain the right to the               
          income generated by the FLP interests transferred.                          
               Generally, the Code imposes a tax on the transfer of a                 
          decedent’s property in his taxable estate.  Sec. 2001(a).  The              
          “taxable estate” is defined as the value of the gross estate,               
          less applicable deductions.  Sec. 2051.  In turn, the gross                 
          estate includes “all property, real or personal, tangible or                
          intangible, wherever situated” to the extent provided in sections           
          2033 through 2045.  Sec. 2031(a).  Section 2033 provides that               
          “The gross estate shall include the value of all property to the            
          extent of the interest therein of the decedent at the time of his           
          death.”  Included in the broad definition of gross estate is that           
          property described in section 2036, which provides in pertinent             
          part:                                                                       
               SEC. 2036. TRANSFERS WITH RETAINED LIFE ESTATE.                        
                    (a) General Rule.–-The value of the gross estate shall            
               include the value of all property to the extent of any                 
               interest therein of which the decedent has at any time made            
               a transfer (except in case of a bona fide sale for an                  
               adequate and full consideration in money or money’s worth),            
               by trust or otherwise, under which he has retained for his             
               life or for any period not ascertainable without reference             
               to his death or for any period which does not in fact end              
               before his death–-                                                     
                         (1) the possession or enjoyment of, or the                   
                    right to the income from, the property, or                        
                         (2) the right, either alone or in conjunction                
                    with any person, to designate the persons who                     
                    shall possess or enjoy the property or the income                 
                    therefrom.                                                        






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