Estate of Virginia A. Bigelow, Deceased, Franklin T. Bigelow, Jr., Executor - Page 22

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          of partnership income to replace the income lost because of the             
          transfer of the Padaro Lane property to the partnership shows               
          that there was an implied agreement between decedent and her                
          children that she would retain the right to the income from the             
          Padaro Lane property.                                                       
               2.   Whether There Was an Implied Agreement That Decedent              
                    Would Retain the Enjoyment of the Padaro Lane Property            
                    During Her Lifetime                                               
               The estate contends that there was no express or implied               
          agreement for decedent to retain the enjoyment of the Padaro Lane           
          property.  We disagree.  Enjoyment includes present economic                
          benefits.  Guynn v. United States, 437 F.2d 1148, 1150 (4th Cir.            
          1971); Estate of Reichardt v. Commissioner, supra at 151.  After            
          the transfer of the Padaro Lane property to Spindrift, the                  
          property continued to secure decedent’s legal obligation to pay             
          the $350,000 Great Western Bank loan and the $100,000 Union Bank            
          line of credit.  Thus, decedent retained the economic benefit of            
          ownership of the Padaro Lane property after it was transferred to           
          the partnership.                                                            
               We conclude that there was an implied agreement between                
          decedent and her children that she would retain for her life the            
          present economic benefit of the Padaro Lane property.                       











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