Julian P. Kornfeld - Page 8

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            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...)                




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