Estate of Concetta H. Rector, Deceased, John M. Rector, II, Co-Executor and Co-Trustee - Page 21




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          living expenses.  In fact, decedent never even asked her sons to            
          distribute Trust B principal to her when her monthly income was             
          insufficient to cover her expenses; rather, decedent relied                 
          heavily on the assets she had transferred to RLP and the income             
          earned therefrom.9                                                          
               In sum, we conclude that decedent impliedly retained                   
          enjoyment of and the right to income from the assets that she               
          transferred to RLP.  Decedent derived economic benefit from using           
          RLP’s assets to pay her living expenses, to meet her tax                    
          obligations, and to make gifts to her family members.  Such use             
          of RLP’s assets shows an agreement among decedent and her sons              
          that decedent would retain the enjoyment of and the right to                
          income from the transferred assets by withdrawing those assets              
          and/or income from RLP at will.                                             
          3. Bona Fide Sale for Adequate and Full Consideration                       
               Under the exception to section 2036(a) contained in that               
          section, a decedent’s gross estate does not include the value of            
          property transferred in “a bona fide sale for an adequate and               


               9 RLP transactions in 2002 and 2005 also illustrate the                
          implied agreement among decedent and her sons that the                      
          transferred assets would continue to be used for the liabilities            
          of decedent, even after her death.  In those years, an RLP credit           
          line was used to pay decedent’s Federal and State tax liabilities           
          of $2,038,098 and $262,654, respectively.  A check also was                 
          written on the RLP credit line for $384,535 to pay some of                  
          decedent’s Federal estate tax.                                              





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