- 21 - 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.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NextLast modified: March 27, 2008