Estate of Sylvia Gore, Donor, Deceased, Pamela Powell, Personal Representative - Page 64




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          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 to             






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