-15- transfers of stock by a corporation's two shareholders to three employees were not gifts because the transfers were made in the ordinary course of business and were made for adequate and full consideration. The employees had no special, personal relationship with the two shareholders. In contrast, decedent and petitioner had a close personal relationship. In Hull, we held that the taxpayer's transfer of an interest in mineral rights to a family-owned corporation in exchange for an annuity payment of $15,000 per year for life was made in the ordinary course of business, despite the fact that the beneficiaries of the transaction were family members. Hull differs from this case because the issue there was not whether the taxpayer had donative intent when she transferred property for less than its fair market value; indeed, the Commissioner stipulated that the taxpayer believed that she had made a bona fide sale. In contrast, whether decedent had donative intent in making the 1980 and 1983 transfers is in dispute here. 3. Petitioners' Partnership Theory Petitioners argue that petitioner and decedent formed a partnership and that decedent's transfers of property to him were subject to that partnership. Petitioners point out that aPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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