- 2 - 1993. Decedent’s trust and decedent’s children formed a family limited partnership in 1994 when decedent was about age 85 and a few months after she suffered a stroke and began living in an assisted-living facility. Decedent’s trust transferred the real property, but not the liability for a loan and a line of credit totaling $450,000 which were secured by the property, to the partnership. After the transfer, decedent was left with an insufficient amount of income to meet her living expenses or to satisfy her liability for the indebtedness. Decedent’s sole purposes in establishing the family limited partnership were to facilitate gift giving and to reduce Federal estate tax. The issue for decision is whether the real property that decedent’s trust transferred to the partnership is included in decedent’s gross estate under section 2036(a)(1). We hold that it is.1 Unless otherwise specified, section references are to the Internal Revenue Code in effect for the time of decedent’s death in 1997, and Rule references are to the Tax Court Rules of Practice and Procedure. 1 In an amendment to the answer, respondent asserted that the property is also includable in decedent’s estate under secs. 2036(a)(2) and 2038(a)(1). Because we hold that the property transferred to the partnership is included in decedent’s estate under sec. 2036(a)(1), we need not decide whether the property is included in decedent’s estate under sec. 2036(a)(2) or sec. 2038.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011