-52- conveys all or nearly all of his or her assets to a trust or partnership, the likelihood of an implied agreement allowing the individual to keep using the assets is the greatest. See Estate of Reichardt v. Commissioner, supra at 153; Estate of Hillgren v. Commissioner, T.C. Memo. 2004-46; cf. Estate of Strangi v. Commissioner, 417 F.3d at 477-478. The presence of an implied agreement in such a situation is further revealed where, as here, funds of the LRFLP were used to pay decedent’s living expenses, to make gifts to her descendants, and, after her death, to pay the bequests under the Lillie Investment Trust and the expenses of her estate, including, 5 years after her death, her estate taxes. Cf. Estate of Strangi v. Commissioner, 417 F.3d at 477. No funds of the LRFLP were ever distributed to any of the other partners of the LRFLP. Third, decedent’s assets were transferred to the LRFLP on the advice of counsel in order to minimize the tax on the passage of her estate to her descendants. Petitioners assert that the LRFLP was an entity separate from decedent. As stated above, however, the lifetime enjoyment and possession of transferred property may be retained by implied agreement. Decedent transferred her assets to the LRFLP when she was 88 years old and in poor health, and the only other partners of the LRFLP were decedent’s children. Decedent’s children did not preventPage: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
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