- 46 - 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. SeePage: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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