Estate of Birnie M. Davenport, Deceased, Patricia L. Vestal, Personal Representative - Page 19

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            transaction and filed it simultaneously with the Federal estate                              
            tax return for Birnie's estate.                                                              
                  Elizabeth, Birnie, their estates, and the representatives of                           
            their estates, consistently represented to the IRS that Elizabeth                            
            and Birnie were joint and equal owners of various property,                                  
            including Hondo stock, title to which was in Elizabeth's name.                               
                  Hondo stock was valued for all purposes by Elizabeth and her                           
            estate, Birnie and her estate, Patricia Vestal, and Gordon                                   
            Davenport, at $804 per share.  The $804 price of Hondo stock was                             
            determined by reference to the financial statement of Hondo of                               
            the price it would pay for redemptions of its stock in the fiscal                            
            year September 1, 1979, through August 31, 1980.7                                            
                  The statutory notices of deficiency, on which this case is                             
            based, were mailed to petitioner on September 20, 1994.                                      
                                                OPINION                                                  
                  Petitioner's primary argument is as follows:  Elizabeth and                            
            Birnie entered into a "business partnership" in which legal title                            
            to all of the partnership's assets was held in Elizabeth's name;                             
            following Elizabeth's death in 1979, Birnie failed to exercise                               
            her statutory rights as surviving partner to wind up the affairs                             
            of the business partnership and to distribute the assets of the                              
            partnership to the estate of her sister and herself; and finally,                            

                  7  For purposes of this case, if we find that Birnie did                               
            transfer the stock in question, the parties have stipulated the                              
            fair market value of such stock was $2,000 per share at the time                             
            of the transfer.                                                                             




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