Julian P. Kornfeld - Page 13

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            and then divided that ownership by retaining a life interest and                              
            transferring the remaining interests to Nancy, Meredith, and                                  
            Permenter.                                                                                    
                  In arriving at this conclusion, we recognize that we reached                            
            an opposite result in Richard Hansen Land, Inc. v. Commissioner,                              
            supra.  However, the factual circumstances in Hansen Land were                                
            quite different; in particular, in the case of Richard Hansen, he                             
            acquired the remainder interest with funds that he received as                                
            taxable income in a transaction whose bona fides were not                                     
            questioned by respondent.  His wholly owned corporation, whose                                
            separateness was also not questioned by respondent, acquired the                              
            amortizable term interest, and the Kammerzells utilized their own                             
            separate funds.                                                                               
                  Concededly, the disposition of cases such as the one before                             
            us inevitably involves the difficult task of line drawing.  But,                              
            as we have previously observed:                                                               
                  the necessity of drawing lines is part of the daily                                     
                  grist of judicial life and should not influence us to                                   
                  adopt another rule simply to avoid difficulties in                                      
                  application.  See Estate of Lillie MacMunn Stewart [v.                                  
                  Commissioner], 52 T.C. 830, 836 (1969), revd. on other                                  
                  grounds 436 F.2d 1281 (3d Cir. 1971).  [Allen v.                                        
                  Commissioner, 66 T.C. 340, 346 (1976); fn. ref.                                         
                  omitted.]                                                                               
                  In view of our conclusion, we have no need to address the                               
            application of section 167(e) in respect of the transactions                                  
            under the October 31, 1989, and June 15, 1990, agreements and the                             
            question whether Nancy's secondary life interest constituted a                                





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