Estate of Timothy J. Tehan, Deceased, Timothy R. Tehan, Executor - Page 15

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               all of the expenses of the condominium.  The grantees                  
               gave up their right to use and occupancy in return for                 
               the decedent’s agreement to pay all of the expenses and                
               not look to them for contribution.  The Agreement was                  
               intended to cover only the period of time between the                  
               first conveyance and the last conveyance.                              
                  *       *       *       *       *       *       *                   
                    In Guynn v United States, 437 F.2d, 71-1 USTC Par.                
               12,742 (4th Cir. 1971), the decedent, an eighty year                   
               old woman, conveyed a residence to her daughter but                    
               remained in the residence without an express agreement                 
               that entitled her to do so, paid no rent to the                        
               grantee, and paid for improvements and certain ex-                     
               penses.  The decedent’s grantee, her daughter, testi-                  
               fied that the decedent’s remaining in the property was                 
               not discussed because it was understood by all involved                
               that she would stay in the property until her death.                   
               The Fourth Circuit held that the property was included                 
               in the estate based on an implied agreement for a                      
               retained life estate.                                                  
                    In [Estate of] Barlow [v. Commissioner, 55 T.C.                   
               666 (1971)], the decedent and wife conveyed farm prop-                 
               erty to their four children, simultaneously leasing the                
               property back for a share of the crops that was found                  
               to be fair market rental.  The property was not in-                    
               cluded in the taxable estate even though for four years                
               the decedent did not actually pay the rent.  The Court                 
               found that the outright transfer of the property to the                
               children and the lease back were bona fide transac-                    
               tions.  The forbearance from collecting rent was due to                
               circumstances that arose later and were not contem-                    
               plated by the parties at the time of the transaction.                  
                    The difference between Barlow and Guynn is that in                
               Barlow, as in this case, the decedent really trans-                    
               ferred the entire fee without retaining a life estate.                 
               Barlow, like the decedent here, was contractually                      
               obligated to pay for his continuing use of the prop-                   
               erty, no life estate having been reserved under the                    
               transfer.  Guynn simply remained in possession without                 
               paying any quid pro quo because the parties so agreed.                 
               She retained a life estate so Section 2036 applied.                    
               There was no discussion or paperwork because none was                  
               needed.  [Reproduced literally.]                                       






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