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of the transferred property. We have already rejected
petitioner’s argument that decedent completed a transfer of
Marital Fund assets to GFLP during her lifetime. Nevertheless,
even if we were to assume that decedent successfully transferred
Marital Fund assets to GFLP before her death, we would still
conclude that the values of the assets are includable in
decedent’s gross estate under section 2036(a).50
The relevant portion of section 2036(a) provides:
SEC. 2036. TRANSFERS WITH RETAINED LIFE ESTATE.
(a) General Rule.--The value of the gross estate
shall include the value of all property to the extent
of any interest therein of which the decedent has at
any time made a transfer (except in case of a bona fide
sale for an adequate and full consideration in money or
money’s worth), by trust or otherwise, under which he
has retained for his life or for any period not
ascertainable without reference to his death or for any
period which does not in fact end before his death--
(1) the possession or enjoyment of, or the
right to income from, the property * * *
50Before her death, decedent transferred $2,000 to GFLP to
pay the required capital contributions of each of her children
and their trusts. In addition, on Jan. 8, 1997, decedent
executed the amendment to her trust agreement expressing her
intention that “all the property in which I have an interest is
from this date forward subject to the trust” and that the trust
assets either had been or would be invested in GFLP. Various
deposits were made into GFLP’s account between Jan. 8 and June
12, 1997, and respondent has stipulated that GFLP was validly
formed under Oklahoma law. We shall assume, therefore, that GFLP
was in existence and that it had some assets on the date of
decedent’s death, and we shall consider the parties’ arguments
regarding the applicability of sec. 2036.
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