## Facts

- In August 1969, Adrian K. Rapelje, a New York resident, deeded his longtime residence to his two daughters as joint tenants with right of survivorship.
- After the transfer, Rapelje continued to live in the residence in substantially the same manner as before and maintained almost exclusive occupancy until his death in 1973.
- Rapelje regularly spent winters in Florida; during one such period after the transfer, a niece and her husband temporarily lived in the house for about five months, after which Rapelje returned and resumed living there.
- In July 1970, Rapelje suffered a stroke that left him partially paralyzed and unable to speak, but he continued living in the residence with intermittent assistance from relatives.
- The daughters did not sell, rent, or otherwise exercise active control over the property; they allowed Rapelje to remain in possession without paying rent.
- Rapelje paid the real estate taxes; one daughter paid some utilities.
- After Rapelje’s death, the daughters, as co-executrices, filed an estate-tax return that excluded the residence, treating the 1969 transfer as a completed gift.
- The IRS determined an estate-tax deficiency, included the residence in the gross estate under I.R.C. § 2036(a)(1), and asserted an addition to tax for late filing under I.R.C. § 6651(a).

## Issues

1. Whether the residence transferred in 1969 was includable in the gross estate under I.R.C. § 2036(a)(1) because the decedent retained possession or enjoyment for life by agreement or understanding.
2. Whether the estate was liable for an addition to tax under I.R.C. § 6651(a) for late filing, or whether the failure to timely file was due to reasonable cause and not willful neglect.

## Decision

- The Tax Court held that the residence was includable in the decedent’s gross estate under § 2036(a)(1).
- The court found an implied understanding that the decedent would continue to live in and enjoy the residence for life, notwithstanding the deeded transfer of title.
- The Tax Court held the estate was not liable for the § 6651(a) late-filing addition because the delay was due to reasonable cause and not willful neglect.

## Legal Principles

- Under I.R.C. § 2036(a)(1), property transferred during life is included in the gross estate if the transferor retains, for life, the possession or enjoyment of the property (or the right to income), unless the transfer was for adequate and full consideration.
- A retained interest under § 2036(a)(1) can be established by an implied agreement or understanding; an express reservation in the transfer instrument is not required.
- Continued rent-free occupancy of a transferred residence, combined with the donees’ lack of meaningful control and the transferor’s continued assumption of ownership-type burdens (such as paying property taxes), supports a finding of retained possession or enjoyment.
- Under I.R.C. § 6651(a), a late-filing addition applies unless the taxpayer shows the failure to file timely was due to reasonable cause and not willful neglect; good-faith reliance on professional advice may support reasonable cause.

## Conclusion

The Tax Court included the residence in the decedent’s gross estate because the decedent effectively retained lifetime possession and enjoyment despite transferring title to his daughters, but it rejected the late-filing penalty after finding the estate’s delay resulted from reasonable cause rather than willful neglect.


Estate of Rapelje v. Commissioner, 73 T.C. 82 (1979)