-14- argues that Mrs. Erickson retained the possession or enjoyment of, or the right to the income from, the transferred assets. Respondent argues, further, that the assets were not transferred in a bona fide sale for adequate and full consideration. The estate counters that Mrs. Erickson retained no rights to the assets once she transferred them to the Partnership and, alternatively, that the assets were transferred in a bona fide sale for adequate and full consideration. We shall consider the parties’ arguments after first addressing the burden of proof. I. Burden of Proof The estate orally moved at trial to shift the burden of proof under section 7491. We took the oral motion under advisement and now conclude, after carefully reviewing the record, that we must deny the estate’s motion to shift the burden of proof. 3(...continued) transferred to the trusts for Mrs. Erickson’s grandchildren (the grandchildren’s gifts) under sec. 2035(a) to the extent that the grandchildren’s gifts severed the interests Mrs. Erickson retained in her property under sec. 2036. Second, respondent argues that the gross estate includes the gift tax on the grandchildren’s gifts pursuant to sec. 2035(b). The estate did not address either of these issues at trial or on brief, and we shall treat the estate as having conceded them. See Rybak v. Commissioner, 91 T.C. 524, 566 (1988). Finally, the parties do not dispute that the generation-skipping transfer tax under sec. 2601 applies and the amount of this tax will be calculated pursuant to our decision.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: November 10, 2007