The Carpenter presumption has been extended to
inter vivos transfers.
Property was transferred or distributed to a spousal trust, by way of an
inter vivos transfers by individuals as it read before 2000 (subsection 73(1)) or a spousal trust described in subsection 73(1.
The questions on leaving an inheritance, making an
inter vivos transfer, and receiving support compensate for a limitation of the HRS data.
1982), the Florida Supreme Court adopted the Carpenter rule for presumption of undue influence cases involving
inter vivos transfers.
2004), and the Tax Court in Estate of Harper, TC Memo 2002-121, the Ninth Circuit concluded that "an
inter vivos transfer of real property to a family limited partnership, which inherently reduces the fair market price of the resultant partnership interests, does not per se disqualify the transfer from falling under" the exception in Sec.
2036(a), an
inter vivos transfer with a retained lifetime interest will not be returned to the gross estate if the transfer constitutes a "bona fide sale for adequate and full consideration?
In Kohlsaat, the decedent had made an
inter vivos transfer of a commercial building to an irrevocable trust and granted 18 beneficiaries (16 contingent) unrestricted rights to demand immediate distributions of trust property.
Bequests differ from
inter vivos transfers in requiring advance planning, a formal legal document, and no opportunity for reciprocal benefit at a later date (Hurd 2009).
2011-209 (Turner I), the Tax Court originally held that the decedent's
inter vivos transfers of property to a family limited partnership (FLP) had to be included in his gross estate under Sec.
of Arkansas) collect cases and statutory material, supplemented by explicatory text, in order to explain the federal and state law of
inter vivos transfers and planning options and other issues of death and wealth transfer in the United States.
His results point to the general need to develop a better understanding of the factors which motivate
inter vivos transfers.
The authors find that households experiencing larger declines in the expected tax disadvantages of bequests substantially reduced their
inter vivos transfers relative to households experiencing small declines in the tax disadvantages of bequests.
