Estate of Hilde E. Erickson, Deceased, Donor, Karen E. Lange, Personal Representative - Page 17




                                        -17-                                          
          II. Inclusion of Transferred Assets With Retained Interests in              
               Gross Estate Under Section 2036(a)(1)                                  
               We now focus on whether the transferred assets are                     
          includable in the gross estate and begin by outlining a few                 
          general principles.  The Code generally imposes tax on the                  
          transfer of the taxable estate of any decedent who is a United              
          States citizen or resident.  Sec. 2001(a).  The determination of            
          the taxable estate begins with the value of the gross estate,               
          which includes the fair market value of all property to the                 
          extent provided in sections 2031 through 2046.  Secs. 2031, 2051.           
               If a decedent makes an inter vivos transfer of property                
          (other than a bona fide sale for adequate and full consideration)           
          and retains certain specific rights or interests in the property            
          that are not relinquished until death, the full value of the                
          transferred property will generally be included in the decedent’s           
          gross estate.  Sec. 2036(a).  The purpose of section 2036(a) is             
          to include in the gross estate those transfers made during a                
          decedent’s life that are essentially testamentary in nature.                
          United States v. Estate of Grace, 395 U.S. 316, 320 (1969).                 
          There are three requirements for the property to be included in a           
          decedent’s gross estate under section 2036(a).  First, the                  
          decedent must have made an inter vivos transfer of property.                
          Second, the decedent must have retained an interest or a right              
          specified in section 2036(a)(1) or (2) or (b) in the transferred            
          property that he or she did not relinquish until death.  Finally,           






Page:  Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next 

Last modified: November 10, 2007