-43- relationship to her assets after the transfer. See Estate of Schutt v. Commissioner, T.C. Memo. 2005-126; Estate of Korby v. Commissioner, T.C. Memo. 2005-103; Estate of Korby v. Commissioner, T.C. Memo. 2005-102; Estate of Schauerhamer v. Commissioner, T.C. Memo. 1997-242. We also note that during the first 4 years of the LRFLP’s existence, i.e., the last 4 years of decedent’s life, decedent’s daughter (as decedent’s attorney-in- fact) gave away almost 65 percent of decedent’s limited partnership interest. Fifth, after the transfer of the assets to the LRFLP, decedent was unable to meet her financial obligations without using funds of the LRFLP. In fact, all of the funds that were withdrawn from the LRFLP were used for decedent’s benefit. Before decedent died, that benefit included the payment of her personal living expenses and the carrying out of her intent to make significant annual gifts to each of her descendants. After decedent died, that benefit included the satisfaction of the bequests set forth in the Lillie Investment Trust, the payment of costs related to administering her estate, and the satisfaction of her Federal estate tax liability. The use of the LRFLP’s funds to satisfy those obligations of decedent is inconsistent with a finding of a bona fide sale. See Estate of Thompson v. Commissioner, 382 F.3d 367 (3d Cir. 2004); Estate of Korby v. Commissioner, T.C. Memo. 2005-103; Estate of Korby v.Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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