Estate of Sylvia Gore, Donor, Deceased, Pamela Powell, Personal Representative - Page 63




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          Section 2036(a) is designed to include in a decedent’s gross                
          estate “‘transfers that are essentially testamentary--i.e.,                 
          transfers which leave the transferor a significant interest in or           
          control over the property transferred during his lifetime.’”                
          Estate of Abraham v. Commissioner, 408 F.3d 26, 37 (1st Cir.                
          2005) (quoting United States v. Estate of Grace, 395 U.S. 316,              
          320 (1969)), affg. T.C. Memo. 2004-39, amended 429 F.2d 294 (1st            
          Cir. 2005).  A decedent retains an interest described in section            
          2036(a) unless he “absolutely, unequivocally, irrevocably, and              
          without possible reservations” parts with possession and                    
          enjoyment of the transferred property.  Commissioner v. Estate of           
          Church, 335 U.S. 632, 645 (1949).  Possession or enjoyment of               
          transferred property is retained for purposes of section                    
          2036(a)(1) where there is an express or implied understanding to            
          that effect among the parties at the time of the transfer, even             
          if the retained interest is not legally enforceable.  Sec.                  
          20.2036-1(a), Estate Tax Regs.; see also Estate of Reichardt v.             
          Commissioner, 114 T.C. 144, 151 (2000); Estate of Harper v.                 
          Commissioner, T.C. Memo. 2002-121.  All of the facts and                    
          circumstances surrounding the transfer and subsequent use of the            
          property are considered in deciding whether there was an implied            
          agreement or understanding.  Estate of Reichardt v. Commissioner,           
          supra at 151.  The taxpayer bears the burden of disproving the              








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