Estate of Morton B. Harper - Page 5




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          reported a gift of a 0.6-percent general partnership interest and           
          a 36-percent Class B limited partnership interest in the                    
          partnership to Ms. Factor with values as of the date of the gifts           
          of $9,600 and $345,600, respectively.                                       
               On February 1, 1995, decedent died.  On the Federal Estate             
          Tax return filed for decedent's estate on November 2, 1995,                 
          decedent's estate reported a 39-percent Class A limited                     
          partnership interest in the partnership with a value at the date            
          of death of $410,100.                                                       
               We must decide whether, as respondent contends, the                    
          restrictions on the right to liquidate the partnership contained            
          in the partnership agreement are applicable restrictions within             
          the meaning of section 2704 and are accordingly to be disregarded           
          when valuing the shares of the partnership.  Petitioner contends            
          that the restrictions on the right to liquidate the partnership             
          contained in the partnership agreement are not more restrictive             
          than the default restrictions of California law which would apply           
          in absence of a partnership agreement.  Accordingly, petitioner             
          argues that such restrictions are not applicable restrictions               
          within the meaning of section 2704.                                         
               Section 2704(b) provides:                                              
               SEC. 2704(b). Certain Restrictions on Liquidation                      
               Disregarded.--                                                         
                    (1) In general.--For purposes of this subtitle, if--              







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