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the majority opinion also concludes, decedent’s transfer to BFLP
for a 99-percent ownership interest in that partnership “did not
alter his control of * * * [such] units”, majority op. p. 59.
In conclusion, the majority opinion is wrong in holding, and
section 2036(a)(1) and United States v. Byrum, 408 U.S. 125
(1972), reject the majority opinion’s holdings, that “an implied
agreement existed that allowed decedent to retain enjoyment of
the property held by BFLP”, majority op. p. 59, within the
meaning of section 2036(a)(1) and that that section applies to
decedent’s transfer to BFLP of his WCB Holdings class B
membership units.
WELLS and FOLEY, JJ., agree with this concurring in part and
dissenting in part opinion.
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