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Incidents of Ownership
Husband and Wife established a trust that held two life insurance policies on their joint lives. The policies were then transferred from the trust to a limited partnership and the trust received shares of the limited partnership. The partnership was designated as the beneficiary and paid the premiums. Husband and Wife also made cash contributions to the partnership in return for partnership interests. However, the partnership agreement precluded limited partners from controlling the management of the partnership. The IRS ruled that the couple did not possess any incidents of ownership in the two life insurance policies. As a result, the proceeds of the policies were not includible in either spouse's gross estate for federal estate tax purposes.
Source: Letter Ruling 200111038
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