- 66 - Commissioner, T.C. Memo. 2005-65; Estate of Stone v. Commissioner, T.C. Memo. 2003-309. Petitioner asserts that decedent’s only interest in the transferred assets was as a beneficiary of the Sylvia Gore Revocable Trust, which held a 32.667-percent limited partnership interest in GFLP. Because GFLP is a separate legal entity formed in compliance with Oklahoma law, petitioner argues that decedent relinquished all control, possession, enjoyment, or right to income upon the alleged transfer of the Marital Fund assets to GFLP. Petitioner argues that decedent retained no benefit or control over the assets and that TCO controlled or managed the GFLP assets during decedent’s life. Additionally, petitioner argues that decedent did not execute or contemplate an agreement reserving any control of the transferred assets. Decedent, however, did not part with possession or enjoyment of the property purportedly transferred to GFLP. At the time of decedent’s death, GFLP did not hold title to any of the Marital Fund assets. From its formation until the date of decedent’s death, GFLP did not engage in any business or investment activity. Only after decedent’s death and long after GFLP’s formation were accounting records created purporting to show that decedent transferred a series of Marital Fund assets to GFLP.51 51Accounting manipulations occurring after decedent’s death cannot refute the existence of an implied agreement permitting (continued...)Page: Previous 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 NextLast modified: November 10, 2007