Estate of Wayne C. Bongard, Deceased, James A. Bernards, Personal Representative - Page 94

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          II.  Bona Fide Sale Exception                                               
               A.  Introduction                                                       
               Section 2036 is entitled “Transfers with retained life                 
          estate”, and subsection (a) thereof provides the following                  
          general rule:                                                               
                    SEC. 2036(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, or                        
                         (2) the right, either alone or in conjunction                
                    with any person, to designate the persons who                     
                    shall possess or enjoy the property or the income                 
                    therefrom.  [Emphasis added.]                                     
          Thus, even if a transferor of property retains lifetime                     
          possession, enjoyment, income, or control of the property, the              
          value of the property will not show up in her gross estate if the           
          transfer was a bona fide sale within the meaning of the                     
          underscored language (the bona fide sale exception).                        
               With respect to at least that portion of the bona fide sale            
          exception that requires “adequate and full consideration in money           
          or money’s worth” (for short, sometimes, full consideration), the           
          identical language appears in section 2512(b), which provides               
          that a gift occurs when property is transferred for insufficient            





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