- 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