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