Estate of Ida Abraham, Deceased, Donna M. Cawley, and Diana A. Slater, Administratrixes - Page 26

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          income to the daughters.  Finally, Mr. Goldman testified as                 
          follows:                                                                    
               Q:   Now, in regard to the status quo paragraph, if Mrs.               
               Abraham’s expenses had increased, say she had some                     
               extraordinary medical expenses that weren’t covered, you               
               would have continued to pay whatever expenses were necessary           
               out of the partnership accounts, right?                                
               A:   I would have done everything necessary, because I                 
               thought that was my prime appointment, reason for my                   
               appointment to do that, but as you said, it never occurred.            
               The documentary evidence, including the stipulated decree              
          of the probate court, and the understanding of decedent’s                   
          children and legal representatives demonstrate that decedent was            
          entitled to any and all funds generated from the partnerships for           
          her support first.  Only after this could any excess be                     
          distributed in proportion of the partners supposed ownership                
          interests.  Here, it is clear that at the time of the transfers,            
          decedent explicitly retained the right to the income that the               
          FLPs generated to the extent necessary to meet her needs.                   
          Accordingly, we sustain respondent’s determination that decedent            
          retained the enjoyment and use of the FLP interests transferred             
          within the meaning of section 2036.                                         
               Section 2036(a) excepts from inclusion property transferred            
          pursuant to a “bona fide sale for an adequate and full                      
          consideration in money or money’s worth”.27                                 


               27In construing bona fide sale, “the word ‘sale’ means an              
          exchange resulting from a bargain.”  Estate of Harper v.                    
                                                             (continued...)           




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