Baine P. and Mildred C. Kerr - Page 2




                                        - 2 -                                         

                    Ps filed Federal gift tax returns for 1994 and 1995.              
               Ps computed the value of the limited partnership                       
               interests in KFLP that they transferred to the GRAT’s by               
               applying discounts for lack of liquidity and minority                  
               interest. Ps computed the value of the limited                         
               partnership interests in KILP that they transferred to                 
               their children by applying a discount for lack of                      
               liquidity.  R determined that sec. 2704(b), I.R.C., bars               
               Ps from applying a discount for lack of liquidity in                   
               computing the value of the partnership interests that Ps               
               transferred to the GRAT’s and to their children.                       
                    Ps filed a motion for partial summary judgment                    
               arguing that sec. 2704(b), I.R.C. is not applicable                    
               alternatively because:  (1) The GRAT’s trustees received               
               only assignee interests, as opposed to limited                         
               partnership interests; (2) the disputed transfers must be              
               valued as assignee interests under sec. 25.2512-1, Gift                
               Tax Regs.; and (3) the restrictions on liquidation set                 
               forth in the partnership agreements do not constitute                  
               “applicable restrictions” within the meaning of sec.                   
               2704(b), I.R.C.                                                        
                    Held:  Ps transferred limited partnership interests               
               to the GRAT’s in both form and substance.                              
                    Held further:  Pursuant to sec. 25.2512-1, Gift Tax               
               Regs., the value of the limited partnership interests is               
               equal to the price that a hypothetical willing buyer                   
               would pay to a willing seller for the limited partnership              
               interests.                                                             
                    Held further: The restrictions on liquidation in                  
               dispute do not constitute “applicable restrictions”                    
               within the meaning of sec. 2704(b), I.R.C.                             


               John W. Porter, for petitioners.                                       
               Lillian D. Brigman and John D. Maceachen, for respondent.              











Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011