- 20 - The general purpose of section 2036 is 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); see also Estate of Harper v. Commissioner, T.C. Memo. 2002-121. “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.’” Estate of Thompson v. Commissioner, T.C. Memo. 2002- 246 (quoting Commissioner v. Estate of Church, 335 U.S. 632, 645 (1949)). The statute describes a “broad scheme of inclusion,” which is not limited to the form of the transaction, but concerns “all inter vivos transfers where outright disposition of the property is delayed until the transferor’s death.” Guynn v. United States, 437 F.2d 1148, 1150 (4th Cir. 1971). The statute “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.” Estate of Thompson v. Commissioner,Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011