-53- decedent from continuing to enjoy her transferred assets. See Estate of Disbrow v. Commissioner, T.C. Memo. 2006-34. Petitioners assert that the distributions from the LRFLP to decedent were actually loans that did not constitute enjoyment of the underlying funds. We disagree. Petitioners bear the burden of proving this assertion. See Rule 142(a)(1); Frierdich v. Commissioner, 925 F.2d 180, 182 (7th Cir. 1991), affg. T.C. Memo. 1989-103 as amended by T.C. Memo. 1989-393; Roth Steel Tube Co. v. Commissioner, 800 F.2d 625, 630 (6th Cir. 1986), affg. T.C. Memo. 1985-58. As we understand their factual claim supporting this assertion, neither decedent nor decedent’s children foresaw that decedent would incur the amounts of health expenses that she did after her assets were transferred to the LRFLP. We consider this claim incredible. When the LRFLP was formed, decedent was nearing 90 years old and suffering from dementia and Alzheimer’s disease. The fact that an elderly individual in such a condition could be expected to incur major health expenses in later years cannot seriously be denied. Nor can it seriously be denied that decedent enjoyed the capital of the LRFLP for the duration of her lifetime and that decedent’s children, as the general partners of the LRFLP, never intended to seek repayment of the “loans” during decedent’s lifetime. Moreover, we disagree with petitioners from a legal point of view. Debt for Federal tax purposes connotes an existing,Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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