Julian P. Kornfeld - Page 11

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            of the other factors discussed herein which cause us to conclude                              
            that interests in the bonds themselves were the subject matter of                             
            the gifts.  Moreover, the tax impact of the gifts, i.e., the                                  
            potential loss, at an indeterminate future date, of a portion of                              
            petitioner's estate tax exemption by virtue of the utilization of                             
            the unified credit is a far cry from the income tax consequences                              
            of the receipt of wages by Hansen in Richard Hansen Land, Inc. v.                             
            Commissioner, T.C. Memo. 1993-248.                                                            
                  Petitioner's principal argument rests on the absence of any                             
            legal obligation on Nancy, Meredith, or Permenter to use the                                  
            funds provided by petitioner to acquire the remaining interests.                              
            While this is an important element, it is not controlling, as our                             
            opinion in Gordon v. Commissioner, supra, makes clear.  Indeed,                               
            as we pointed out in Gordon, the freedom of Nancy, Meredith, and                              
            Permenter legally to refuse to utilize the funds provided by                                  
            petitioner to pay for the remaining interests "is of minimal                                  
            significance where * * * the facts reveal that the entire                                     
            transaction was set up around the expectation that the joint                                  
            implementation of the * * * [taxpayer's] investment strategy                                  
            would occur."  Gordon v. Commissioner, 85 T.C. at 331 n.16.  We                               
            think that the pattern of the transactions herein unquestionably                              
            falls within the "expectation" parameter.9  Unquestionably,                                   
            petitioner was the architect of the investment strategy and                                   

            9  Cf. Muserlian v. Commissioner, 932 F.2d 109, 113 (2d Cir.                                  
            1991, affg. T.C. Memo. 1989-493.                                                              




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