## Facts

- Emil Linderme, Sr. lived in a residence in Shaker Heights, Ohio from 1936 until March 1963, when he entered a nursing home; he remained there until his death on October 12, 1964.
- After his wife died in 1955, Linderme executed and recorded a quitclaim deed in 1956 transferring the residence to his three sons.
- Linderme received no consideration for the transfer.
- After the deed, Linderme continued to occupy the residence exclusively until he entered the nursing home in 1963.
- During his continued occupancy, Linderme personally received and paid all carrying costs (real estate taxes, insurance, maintenance, and other expenses).
- After Linderme entered the nursing home, the residence remained vacant until shortly after his death.
- The Commissioner determined an estate tax deficiency, asserting the residence was includible in the gross estate under I.R.C. § 2036(a)(1); the estate petitioned the Tax Court.

## Issues

1. Whether the decedent’s lifetime transfer of his residence to his sons was excluded from the gross estate, or instead was includible under I.R.C. § 2036(a)(1) because he retained possession or enjoyment of the property until death.

## Decision

- The Tax Court held the residence was includible in the decedent’s gross estate under I.R.C. § 2036(a)(1).
- The court sustained the Commissioner’s estate tax deficiency determination.

## Legal Principles

- Under I.R.C. § 2036(a)(1), property transferred during life (other than a bona fide sale for adequate and full consideration) is included in the gross estate if the decedent retained for life the possession or enjoyment of the property, or the right to its income.
- Retention of “possession or enjoyment” may be found from the parties’ conduct and the practical arrangement, even without an express reservation of a life estate.
- Continued exclusive occupancy of a residence and payment of all carrying costs after a gratuitous transfer supports an inference that the transferor retained enjoyment equivalent to a life interest for § 2036(a)(1) purposes.

## Conclusion

Because the decedent deeded the residence to his sons without consideration but continued to occupy it exclusively and to pay all property expenses until entering a nursing home, the Tax Court found he retained possession or enjoyment within I.R.C. § 2036(a)(1), requiring inclusion of the residence’s value in the gross estate and sustaining the asserted estate tax deficiency.


Estate of Linderme v. Commissioner, 52 T.C. 305 (1969)