Estate of Ona E. Hendrickson - Page 41





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          none of decedent's individual income tax returns for 1989-93 (the            
          only income tax returns of decedent in the record) reports any               
          income or loss from a partnership.                                           
               Finally, we note that for the fiscal years ending in                    
          February 1985 and February 1986, almost all family farm income               
          reported by Garry’s estate was rental income.  For the fiscal                
          years ending in 1987 through 1993, the estate reported its farm              
          income simply as “other income”, but it also reported that the               
          principal activity of the family farm was “land rental”.  For the            
          fiscal year ending in February 1994, the estate reported its farm            
          income on Form 4835, Farm Rental Income and Expenses.  At trial,             
          Donald Hendrickson testified that in 1984 or 1985 he began                   
          farming various portions of the family farm land formerly rented             
          to tenant farmers, and that by 1992 he was farming almost all of             
          the family farm land.  He also testified that the other children             
          and he were conducting this farming as “tenants”.                            
               All these facts strongly suggest that there was no family               
          farm partnership of any kind among decedent and the children,                
          much less a partnership that conducted the farming operations on             
          the family farm land.  However, even if we assume that a farm                
          partnership existed in the form claimed by petitioner--and also              
          assume that decedent transferred her net investment income to                
          that partnership--decedent’s transfers would not meet the "bona              







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