Estate of Hilde E. Erickson, Deceased, Donor, Karen E. Lange, Personal Representative - Page 22




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          1999 and died at age 88 after a period of declining health and              
          physical problems.                                                          
               Although no one factor is determinative, these facts and               
          circumstances, when taken together, show that an implied                    
          agreement existed among the parties that Mrs. Erickson retained             
          the right to possess or enjoy the assets she transferred to the             
          Partnership.  The transaction represents decedent’s daughters’              
          last-minute efforts to reduce their mother’s estate’s tax                   
          liability while retaining for decedent the ability to use the               
          assets if she needed them.                                                  
               B.   Bona Fide Sale for Adequate and Full Consideration                
               Having concluded that Mrs. Erickson implicitly retained the            
          enjoyment of the assets she transferred to the Partnership, we              
          must now determine whether the bona fide sale exception of                  
          section 2036 applies.  Under the bona fide sale exception,                  
          transfers a decedent makes before death are not included in the             
          decedent’s gross estate if the transfers are bona fide sales for            
          adequate and full consideration in money or money’s worth.  Sec.            
          2036(a).  We have recently stated that the bona fide sale                   
          exception applies if the record shows that a family limited                 
          partnership was formed for a legitimate and significant nontax              
          reason and that each transferor received a partnership interest             
          proportionate to the fair market value of the property                      
          transferred.  Estate of Bongard v. Commissioner, 124 T.C. at 118.           







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