- 67 - Decedent individually or through Ms. Powell as attorney-in-fact continued to receive all of the income from the property transferred to GFLP, directed its deposit, and benefited from its use without restriction. Ms. Powell continued using Marital Fund assets allegedly transferred to GFLP for decedent’s benefit. Decedent’s access to the assets was without restriction, allowing decedent to maintain the same relationship to her assets as existed before the alleged transfer to GFLP. The circumstances surrounding the alleged transfer and subsequent use of the Marital Fund assets demonstrate an implied agreement between decedent and her children. Accordingly, because decedent continued to control and to use Marital Fund assets after the alleged transfer to GFLP on January 8, 1997, the assets transferred to GFLP are includable in decedent’s gross estate under section 2036. Decedent’s transfer of Marital Fund assets to GFLP also does not qualify for the bona fide sale exception contained in section 2036(a). Decedent’s transfer did not occur through an arm’s- length transaction because decedent essentially acquired her interest from herself. See Estate of Harper v. Commissioner, T.C. Memo. 2002-121. Decedent stood on both sides of the transaction, and the partnership was formed without any 51(...continued) the continued use of transferred assets. See Estate of Harper v. Commissioner, T.C. Memo. 2002-121.Page: Previous 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 NextLast modified: November 10, 2007