Estate of Lillie Rosen, Deceased, Ilene Field and Herbert Silver, Co-Personal Representatives - Page 52

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          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 prevent                   







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