Estate of Charles Porter Schutt, Deceased, Charles P. Schutt, Jr., and Henry I. Brown III, Co-Executors - Page 40

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          Regulations further explain that “An interest or right is treated           
          as having been retained or reserved if at the time of the                   
          transfer there was an understanding, express or implied, that the           
          interest or right would later be conferred.”  Sec. 20.2036-1(a),            
          Estate Tax Regs.                                                            
               Given the language used in the above-quoted provisions, it             
          has long been recognized that “The general purpose of this                  
          section is ‘to include in a decedent’s gross estate transfers               
          that are essentially testamentary’ in nature.”  Ray v. United               
          States, 762 F.2d 1361, 1362 (9th Cir. 1985) (quoting United                 
          States v. Estate of Grace, 395 U.S. 316, 320 (1969)).  The                  
          Supreme Court has defined as “essentially testamentary” those               
          “transfers which leave the transferor a significant interest in             
          or control over the property transferred during his lifetime.”              
          United States v. Estate of Grace, supra at 320.  Accordingly,               
          courts have emphasized that the statute “describes a broad scheme           
          of inclusion in the gross estate, not limited by the form of the            
          transaction, but concerned with all inter vivos transfers where             
          outright disposition of the property is delayed until the                   
          transferor’s death.”  Guynn v. United States, 437 F.2d 1148, 1150           
          (4th Cir. 1971).                                                            
               As used in section 2036(a)(1), the term “enjoyment” has been           
          described as “synonymous with substantial present economic                  
          benefit.”  Estate of McNichol v. Commissioner, 265 F.2d 667, 671            






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