Estate of Van v. Comr., T.C. Memo. 2011-22

(decedent retained beneficial interest in home as of time of death and sufficient possession or enjoyment via I.R.C. Sec. 2036 for home value to be included in decedent's estate for tax purposes; decedent took title to home in 1989 and lived in home until her death in 2000; title conveyed from decedent to decedent and two grandchildren in 1989 and then reconveyed back to decedent in 1994, and then to decedent as trustee in 1997 and then to decedent's daughter and three granddaughters in 1999 (with decedent remaining on the title) - all as gratuitous transfers; provision of purchase funds in 1989 provided by family members was a gift to decedent resulting in decedent taking a beneficial interest in home - no resulting trust created; the fact that decedent lived in home as of date of death was evidence of retained possession and enjoyment of home).