Julian P. Kornfeld - Page 9

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            not determinative, their existence provides a basis for                                       
            "skepticism" in accepting the form of the transaction.  See                                   
            Gordon v. Commissioner, 85 T.C. at 325-326.  Moreover, as we also                             
            noted in Gordon, the pattern of tax benefits flowing from the                                 
            transactions involved herein are such as to constitute "a yellow                              
            caution signal on our road to decision."  Id. at 326.                                         
                  Second, a substantial portion of the stipulation dealt with                             
            assets possessed by the participants other than petitioner during                             
            the years at issue.  While the values of those assets,                                        
            particularly those of a corporation owned by the daughters, is                                
            not clearly established, it would appear that substantial amounts                             
            were involved and petitioner argues that the availability of such                             
            assets as a potential source of payment for the remaining                                     
            interests of Nancy, Meredith, and Permenter in the bonds should                               
            be considered in determining whether such interests were                                      
            independently purchased.  We agree with respondent that the                                   
            availability of such assets is irrelevant to the issue before us.                             
            That such assets might have been used does not answer the                                     
            question of how to characterize the transactions involved herein                              
            where the funds used were supplied by petitioner.7                                            

            6(...continued)                                                                               
            "relationship" should not be treated differently in view of the                               
            fact that we have concluded that sec. 167(e) does not impact our                              
            conclusion.  See infra p. 13.                                                                 
            7  We note that in Gordon v. Commissioner, 85 T.C. 309, 328                                   
            (1985), we indicated that the presence of other assets available                              
                                                                            (continued...)                




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