- 13 - 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 aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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