Ina F. Knight - Page 13




                                        - 13 -                                          
          transferred assets to it, and transferred interests in the                    
          partnership to their children’s trusts, and that we must                      
          recognize the partnership for Federal gift tax valuation                      
          purposes.  We agree with petitioners.                                         
               State law determines the nature of property rights, and                  
          Federal law determines the appropriate tax treatment of those                 
          rights.  See United States v. National Bank of Commerce, 472 U.S.             
          713, 722 (1985); United States v. Rodgers, 461 U.S. 677, 683                  
          (1983); Aquilino v. United States, 363 U.S. 509, 513 (1960).  The             
          parties stipulated that the steps followed in the creation of the             
          partnership satisfied all requirements under Texas law, and that              
          the partnership has been a limited partnership under Texas law                
          since it was created.  Thus, the transferred interests are                    
          interests in a partnership under Texas law.  Petitioners have                 
          burdened the partnership with restrictions that apparently are                
          valid and enforceable under Texas law.  The amount of tax for                 
          Federal estate and gift tax purposes is based on the fair market              
          value of the property transferred.  See secs. 2502, 2503.  The                
          fair market value of property is “the price at which such                     
          property would change hands between a willing buyer and a willing             
          seller, neither being under any compulsion to buy or to sell, and             
          both having reasonable knowledge of relevant facts.”  See sec.                
          20.2031-1(b), Estate Tax Regs.; sec. 25.2512-1, Gift Tax Regs.                
          We apply the willing buyer, willing seller test to value the                  






Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011