Estate of Sylvia Gore, Donor, Deceased, Pamela Powell, Personal Representative - Page 67




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          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.                                          





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