Baine P. and Mildred C. Kerr - Page 5




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          for making gifts to their children. Eastland further advised                
          petitioners that the partnerships should include a charity as a             
          partner in light of the recent enactment of section 2704 and to             
          “make sure that traditional valuation rules apply to the                    
          partnerships.”5                                                             
          Kerr Issue GST Trust                                                        
               On December 29, 1993, petitioners, as grantors, and their              
          children, as trustees, executed a document entitled “Agreement              
          Creating the Kerr Issue GST Trusts”.  The agreement provided that           
          each of the Kerr children would act as the trustee of a separate            
          trust under which he or she would be the primary beneficiary.  The          
          agreement further provided that each trust would terminate upon the         
          death of the primary beneficiary and that any remaining trust               
          property would pass to the living issue of the primary beneficiary;         
          i.e., the Kerr grandchildren.  On December 29, 1993, petitioners            
          executed separate wills, which included “pour over” provisions to           
          the Kerr Issue GST Trusts in an amount equal to the available               
          generation-skipping tax exemption.                                          



               5  Sec.  2704(b), quoted infra pp. 20-21, generally provides           
          that restrictions on the liquidation of a family partnership will           
          not be considered in valuing a gift of a partnership interest               
          from one family member to another if the family has control of              
          the partnership before the transfer and the family can remove the           
          restriction on liquidation after the transfer.                              








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