-33- parties dispute whether section 2036(a)(1) applies to the transferred assets. In relevant part, section 2036(a)(1) provides: SEC. 2036. TRANSFERS WITH RETAINED LIFE ESTATE. (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 income from, the property * * * Congress enacted section 2036 intending to bring within a decedent’s gross estate “transfers that are essentially testamentary–-i.e., transfers which leave the transferor a significant interest in or control over the property transferred during his lifetime.” United States v. Estate of Grace, 395 U.S. 316, 320 (1969); see also Estate of Strangi v. Commissioner, 417 F.3d 468, 476 (5th Cir. 2005) (citing Estate of Lumpkin v. Commissioner, 474 F.2d 1092, 1097 (5th Cir. 1973), vacating 56 T.C. 815 (1971)), affg. T.C. Memo. 2003-145. Under section 2036(a)(1), decedent’s gross estate will include the fair market value of the transferred assets to the extent that decedent retained possession or enjoyment of the assets for her life or for any other period that does not end before her death. Section 2036(a) “describes a broad scheme of inclusion in the grossPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011