- 8 - between the two cases. For example, in Estate of Watts, the partnership agreement provided that "The death of a partner shall not cause the dissolution or termination of this partnership".2 In the instant case, by contrast, we find no similar provision. Indeed, the provisions of the relevant partnership agreement are not in the record. Although petitioner places much emphasis on the fact that Decedent's will allowed her trustee to continue the Partnership following Decedent's death, we are not persuaded that this fact is dispositive. We note that the will allowed, but did not require, the trustee to continue the Partnership. Accordingly, we will deny petitioner's motion for partial summary judgment.3 In so doing, we have considered all arguments by petitioner for a contrary result, and, to the extent not discussed above, find them to be irrelevant or without merit. To reflect the foregoing, 2 The Court of Appeals for the Eleventh Circuit found this provision to be critical to the outcome in Estate of Watts v. Commissioner, 823 F.2d 483, 486 (11th Cir. 1987), affg. T.C. Memo. 1985-595, stating that "the tax court's decision to value decedent's interest as part of a going concern is amply supported by the law governing Oregon partnerships, and the contractual restrictions placed upon Mrs. Watts' partnership interest by the partnership agreement". 3 In addition to the reasons mentioned above, we also note that the parties dispute the substance of the Partnership's business during the relevant years. Although the business of the Partnership originated with turpentine and timber, much of the Partnership's income in the years preceding Decedent's death was derived from leases and interest.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011