- 8 - the underpinnings of that question which we explored in detail in Gordon v. Commissioner, supra, and Richard Hansen Land, Inc. v. Commissioner, supra. We think it important, however, to recognize, as we did in those cases, that the fact that tax reasons generated the choice of the structure used is not, in and of itself, sufficient to require us to sustain respondent. Against the foregoing background, we proceed to examine the various elements involved herein, upon which the base resolution of the ultimate factual question, i.e., were there separate purchases of a life interest by petitioner and of the remaining interests by the other parties or was there a purchase of the entire ownership of the bonds by petitioner followed by a gift of the interests in the bonds remaining after petitioner's retained life estate. The burden of proof is on petitioner, Rule 142(a), and that burden is not lessened because this is a fully stipulated case. Borchers v. Commissioner, 95 T.C. 82, 91 (1990), affd. 943 F.2d 22 (8th Cir. 1991). Some preliminary observations are in order. First, we recognize, as we did in Gordon v. Commissioner, supra, that the holders of the remaining interests were related to petitioner, i.e., daughters, or closely identified with petitioner, i.e., petitioner's longtime secretary.6 While such relationships are 6 While Permenter was not "related" to petitioner in the same way as his daughters, see secs. 167(e)(5)(B) and 267, we are satisfied that, on the basis of the record herein, her (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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