Estate of Wayne C. Bongard, Deceased, James A. Bernards, Personal Representative - Page 48

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          118, 120 (1938)).  Thus, the caselaw does not support a narrow              
          definition of the term “transfer”, but instead indicates a                  
          section 2036 analysis should begin by determining whether the               
          decedent made an inter vivos voluntary act of transferring                  
          property.  Estate of DiMarco v. Commissioner, 87 T.C. 653, 662-             
          663 (1986).  Any such act, including decedent’s transfer of his             
          Empak shares to WCB Holdings and decedent’s transfer of his WCB             
          Holdings class B financial and class B governance units, is                 
          included in a broad interpretation of the term “transfer”.                  
               B.  The Bona Fide Sale Exception                                       
               As previously stated, Congress excepted from section 2036(a)           
          any transfer made in a “bona fide sale for an adequate and full             
          consideration” (the bona fide sale exception).  Respondent argues           
          that decedent’s inter vivos transfers to WCB Holdings and BFLP              
          should not be allowed to deplete the gross estate because                   
          sections 2035(a) and 2036(a) and (b) are applicable.  The estate            
          urges us to respect the transfers, arguing each satisfied the               
          bona fide sale exception.  This exception has frequently been the           
          grist of judicial interpretation.                                           
               In Estate of Harrison v. Commissioner, T.C. Memo. 1987-8, we           
          determined that a partnership agreement was not a substitute for            
          a testamentary disposition since the decedent received “adequate            
          consideration for his transfer to the partnership.”  On June 10,            
          1975, the decedent was in poor health and executed a power of               






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