Estate of Ona E. Hendrickson - Page 45





                                        - 45 -                                         

          for the family farm with a value of $15 per hour; (2) Mrs.                   
          Klippel performed not more than 10 hours of services per week                
          with a value of $8 per hour; (3) James O. Hendrickson performed              
          no material services for the family farm; and (4) the value of               
          the services performed by the children for the family farm during            
          1979-93 did not exceed $172,500.                                             
               In this case the value of the part-time services performed              
          by the children is therefore far less than the $913,200                      
          assertedly contributed by decedent to the partnership or the                 
          $793,000 excess of decedent's contributions over 50 percent of               
          the partnership's aggregate cash needs.  This imbalance between              
          the capital contributed by the parent and the services                       
          contributed by the children suggests that our analysis in Gross              
          v. Commissioner, 7 T.C. 837 (1946) (formation of family                      
          partnership created gift, even though children agreed to                     
          contribute substantial services, where partnership's income was              
          primarily attributable to parent's contributed capital), applies             
          to this case, rather than our analysis in Fischer.                           
               Moreover, in this case the relationship between the services            
          allegedly performed by the children and the interests they                   
          allegedly received in the farm partnership serves as further                 
          proof that if the farm partnership existed, any transfers by                 
          decedent to that partnership were neither at arm's length nor                
          free from donative intent.  The value of the services performed              





Page:  Previous  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  Next

Last modified: May 25, 2011