Estate of Ona E. Hendrickson - Page 46





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          by Mrs. Klippel was approximately one-half the value of the                  
          services performed by Donald Hendrickson; James O. Hendrickson               
          performed no material services.  Despite these differences,                  
          however, each of the three children received (also according to              
          petitioner) an equal 16-2/3-percent share of the partnership's               
          profits and losses.  This asserted awarding of equal partnership             
          shares for vastly unequal work is further evidence that the                  
          family farm partnership, if it existed, was motivated by feelings            
          of family solidarity, rather than ordinary business                          
          considerations.  See Heringer v. Commissioner, 235 F.2d 149, 151             
          (9th Cir. 1956) (parents' transfer of farm land to corporation               
          owned by parents and their 11 children held to be gift; Court of             
          Appeals found it noteworthy that all 11 children received stock              
          in the corporation, but only 9 of the children were partners in              
          the operating partnership that actually farmed the land),                    
          vacating and remanding 21 T.C. 607 (1954).                                   
               Above all, in interpreting the "ordinary business                       
          transaction" exception to the gift tax, the pertinent inquiry is             
          whether the transaction is a genuine business transaction, as                
          distinguished from the marital or family type of transaction.                
          See Estate of Anderson v. Commissioner, 8 T.C. at 720.  In the               
          case at hand, the alleged partners were a mother and her three               
          children.  The general rule is that intrafamily transactions are             
          subject to special scrutiny and presumed to be gifts.  See                   





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