Ina F. Knight - Page 12




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               Petitioners contend that the partnership must be recognized              
          for Federal gift tax purposes,2 and that portfolio, minority, and             
          lack of marketability discounts totaling 44 percent apply,                    
          reducing the value of each of the gifts to $263,165.                          
          Alternatively, petitioners contend that, if we do not recognize               
          the partnership for Federal gift tax purposes, the value of each              
          of the four gifts is between $429,781 and $435,291 after                      
          application of fractional interest and transactional costs                    
          discounts.                                                                    
          B.   Whether To Disregard the Partnership for Gift Tax Purposes               
               Respondent contends that the partnership lacks economic                  
          substance and fails to qualify as a partnership under Federal                 
          law.  See, e.g., Commissioner v. Culbertson, 337 U.S. 733, 740                
          (1949); Commissioner v. Tower, 327 U.S. 280, 286 (1946); Merryman             
          v. Commissioner, 873 F.2d 879, 882-883 (5th Cir. 1989), affg.                 
          T.C. Memo. 1988-72.3  Petitioners contend that their rights and               
          legal relationships and those of their children changed                       
          significantly when petitioners formed the partnership,                        

               2  Petitioners contend that respondent bears the burden of               
          proving that the partnership should be disregarded for lack of                
          economic substance.  We need not decide petitioners’ contention               
          because our findings and analysis on that issue do not depend on              
          which party bears the burden of proof.                                        
               3  Respondent does not contend that we should apply an                   
          indirect gift analysis.  See Kincaid v. United States, 682 F.2d               
          1220 (5th Cir. 1982); Shepherd v. Commissioner, 115 T.C. ____                 
          (2000); sec. 25.2511-1(h)(1), Gift Tax Regs.  Thus, we do not                 
          consider that analysis here.                                                  





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