-29- 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.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NextLast modified: November 10, 2007