Estate of Hilde E. Erickson, Deceased, Donor, Karen E. Lange, Personal Representative - Page 29




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          the bona fide sale exception is met.  The transaction must have a           
          legitimate and significant nontax purpose as well as adequate and           
          full consideration.  See Estate of Bongard v. Commissioner, 124             
          T.C. at 118.                                                                
               We conclude, considering the totality of the facts and                 
          circumstances and bearing in mind that no one factor is                     
          necessarily determinative, that the estate has failed to show a             
          legitimate and significant nontax purpose for the Partnership,              
          and, therefore, Mrs. Erickson’s transfer of assets to the                   
          Partnership was not a bona fide sale.  The estate failed to                 
          identify any legitimate nontax purpose, and the objective facts             
          indicate that no such legitimate nontax purpose existed.  Because           
          we have found that Mrs. Erickson’s transfer was not a bona fide             
          sale, we need not examine whether adequate and full consideration           
          existed for the transfer.  The exception to section 2036 for bona           
          fide sales for adequate and full consideration does not apply.              
          III. Conclusion                                                             
               We have found that an implied agreement existed under which            
          Mrs. Erickson retained possession and enjoyment of the assets she           
          transferred.  We have also found that the property Mrs. Erickson            
          contributed to the Partnership was not transferred in a bona fide           
          sale.  Accordingly, section 2036(a)(1) applies, and the property            
          Mrs. Erickson transferred to the Partnership is included in her             
          gross estate.                                                               







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