Estate of Virginia A. Bigelow, Deceased, Franklin T. Bigelow, Jr., Executor - Page 29

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          not shield the trust from its liability as an owner of the                  
          property because decedent’s trust was Spindrift’s general                   
          partner.                                                                    
               Fourth, Mrs. Kimbell retained more than $450,000 in assets             
          outside of the partnership for her support.  In contrast,                   
          decedent did not retain enough assets to support herself.                   
               Finally, Mrs. Kimbell did not make continuous transfers                
          between her personal assets and the Kimbell partnership’s assets.           
          Mr. Bigelow transferred funds between decedent’s trust and                  
          Spindrift 40 times from April 1995 to August 1997.  Decedent’s              
          trust used partnership funds and the partnership used trust                 
          funds.  The facts supporting a finding of a bona fide sale for              
          adequate and full consideration in Kimbell are not present here.            
          C.   Conclusion                                                             
               We conclude that decedent and her children had an implied              
          agreement that decedent could continue during her lifetime to               
          enjoy the economic benefits of, and retain the right to the                 
          income from, the Padaro Lane property after she conveyed the                
          property to the partnership, and that the transfer was not a bona           
          fide sale for adequate and full consideration.  Thus, the value             
          of the Padaro Lane property is included in decedent’s gross                 
          estate.  See sec. 2036(a)(1).                                               

                                                       Decision will be               
                                                  entered for respondent.             





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