- 6 - 1976). Thus, “Enjoyment as used in the death tax statute is not a term of art, but is synonymous with substantial present economic benefit.” Estate of McNichol v. Commissioner, 265 F.2d 667, 671 (3d Cir. 1959), affg. 29 T.C. 1179 (1958). Retained enjoyment may exist where there is an express or implied understanding at the time of the transfer that the transferor will retain the economic benefits of the property. Guynn v. United States, 437 F.2d 1148, 1150 (4th Cir. 1971); Estate of Rapelje v. Commissioner, 73 T.C. 82, 86 (1979). Decedent’s retention of the property’s income stream after the property was transferred is “very clear evidence that the decedent did indeed retain ‘possession or enjoyment.’” Estate of Hendry v. Commissioner, 62 T.C. 861, 873 (1974). Decedent continued to receive the $9,000 monthly rent payments from Financial Solutions, Ltd., and enjoy the economic benefits of the 61st Street property. Mr. Stewart contends that he and decedent agreed they would share the income and expenses, in a manner reflective of their ownership interests, relating to the 61st Street property (i.e., Mr. Stewart would receive 49 percent of the income and pay 49 percent of the expenses) and the East Hampton property (i.e., Mr. Stewart would receive 50 percent of the income and pay 50 percent of the expenses). At the end of 2000, according to Mr. Stewart, he and decedent intended to perform a financial reconciliation to ensure that the properPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011