- 19 - Mr. Bigelow reported that the value of decedent’s general partnership interest was $19,912.50, computed by taking 1 percent of the value of the Padaro Lane property and applying a 35- percent control premium. OPINION The value of an interest in property is included in a decedent’s gross estate if: (1) The decedent made an inter vivos transfer of the property;2 (2) the transfer was for less than adequate and full consideration; and (3) the decedent retained the possession or enjoyment of, or the right to the income from, the transferred property. Sec. 2036(a)(1).3 However, a decedent’s gross estate does not include property transferred 2 The estate does not contend that the transfer of the Padaro Lane property by decedent’s trust to Spindrift was not an inter vivos transfer by decedent for purposes of sec. 2036(a), and we conclude that it was. 3Sec. 2036(a)(1) 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, * * *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