Estate of W.W. Jones II, Deceased, A.C. Jones IV, Independent Executor - Page 2




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                    Held:  The transfers of property to the                           
               partnerships were not taxable gifts.  See Estate of                    
               Strangi v. Commissioner, 115 T.C. 478 (2000).                          
                    Held, further, sec. 2704(b), I.R.C., does not                     
               apply to this transaction.  See Kerr v. Commissioner,                  
               113 T.C. 449 (1999).                                                   
                    Held, further, the value of D’s gift to his son                   
               was 83.08-percent of the value of the underlying assets                
               of JBLP, reduced by a lack-of-marketability (8%)                       
               discount.  The value of D’s gift to each of his                        
               daughters was 16.915 percent of the value of the                       
               underlying assets of AVLP, reduced by secondary                        
               market (40%) and lack-of-marketability (8%) discounts.                 
                    Held, further, the gifts of limited partnership                   
               interests are not subject to additional lack-of-                       
               marketability discounts for built-in capital gains.                    
               Estate of Davis v. Commissioner, 110 T.C. 530 (1998),                  
               distinguished.                                                         


               William R. Cousins III, Robert Don Collier, Robert M.                  
          Bolton, and Todd A. Kraft, for petitioner.                                  
               Deborah H. Delgado and Gerald L. Brantley, for respondent.             


               COHEN, Judge:  Respondent determined a deficiency of                   
          $4,412,527 in the 1995 Federal gift tax of W.W. Jones II.  The              
          issues for decision are (alternatively):  (1) Whether the                   
          transfers of assets on formation of Jones Borregos Limited                  
          Partnership (JBLP) and Alta Vista Limited Partnership (AVLP)                
          (collectively, “the partnerships”) were taxable gifts pursuant to           
          section 2512(b); (2) whether the period of limitations for                  
          assessment of gift tax deficiency arising from gifts on formation           





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