-22- 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.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NextLast modified: November 10, 2007