- 19 - 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.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011