- 64 - existence of an agreement regarding retained enjoyment, a burden especially onerous in intrafamily situations. Id. at 151-152. This Court has applied section 2036(a)(1) to assets transferred to a family partnership in which the decedent retained the possession of, enjoyment of, or the right to the income from the transferred assets. See, e.g., id. at 150-155; Estate of Harper v. Commissioner, supra. In each case, we found inclusion in the gross estate appropriate because the decedent failed to curtail his or her enjoyment of the property following the transfer to the family partnership. Factors indicating an implicitly retained interest under section 2036(a)(1) include transfer of the majority of the decedent’s assets, continued use of transferred property, commingling of personal and partnership assets, disproportionate distributions to the decedent, use of entity funds for personal expenses, and testamentary characteristics of the arrangement. See Estate of Reichardt v. Commissioner, supra (decedent commingled partnership and personal funds, used partnership’s checking account as his personal account, and continued to use assets in same manner as before they were transferred); Estate of Strangi v. Commissioner, T.C. Memo. 2003-145 (decedent maintained same relationship to his assets as he had before formation of family partnership), affd. 417 F.3d 468 (5th Cir. 2005); Estate of Thompson v. Commissioner, T.C. Memo. 2002-246 (decedent transferred most of his assets toPage: Previous 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 NextLast modified: November 10, 2007