Estate of Austin Korby - Page 20

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          property transferred.  See, e.g., Estate of Thompson v.                     
          Commissioner, 382 F.3d 367 (3d Cir. 2004), affg. T.C. Memo. 2002-           
          246; Kimbell v. United States, 371 F.3d 257, 258 (5th Cir. 2004).           
          The objective evidence must indicate that the nontax reason was a           
          significant factor that motivated the partnership’s creation.               
          See Estate of Harper v. Commissioner, T.C. Memo. 2002-121; Estate           
          of Harrison v. Commissioner, T.C. Memo. 1987-8.  A significant              
          purpose must be an actual motivation, not a theoretical                     
          justification.                                                              
               The facts and circumstances of each case must be examined in           
          order to determine whether the bona fide sale exception has been            
          met.  Certain factors indicate that a bona fide sale has not                
          occurred.  Factors that support a finding that a sale was not               
          bona fide are:  (1) The taxpayer’s standing on both sides of the            
          transaction, Estate of Hillgren v. Commissioner, T.C. Memo. 2004-           
          46; (2) the taxpayer’s financial dependence on distributions from           
          the partnership, Estate of Thompson v. Commissioner, supra;                 
          Estate of Harper v. Commissioner, supra; (3) the partners’                  
          commingling of partnership funds with their own, Estate of                  
          Thompson v. Commissioner, supra, and (4) the taxpayer’s failure             
          to actually transfer the property to the partnership, Estate of             
          Hillgren v. Commissioner, supra.                                            
               Austin formed KPLP with the help of his estate lawyer but              
          without the involvement of his sons, who were each to be 24.5-              






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