- 15 - of the partnership) would be taken into account by a willing buyer; thus the substance and form of the transaction are not at odds for gift tax valuation purposes. Respondent agrees that petitioners created and operated a partnership as required under Texas law and gave interests in that partnership to their children’s trusts. Those rights are apparently enforceable under Texas law. C. Whether the Value of Petitioners’ Four Gifts Is Limited to $300,000 Each The transfer document through which petitioners made the gifts at issue states that each petitioner transferred to each of their children’s trusts the number of limited partnership units which equals $300,000 in value.4 Petitioners contend that this bars respondent from asserting that the value of each partnership interest exceeds $300,000. Respondent contends that the transfer document makes a formula gift that is void as against public policy. Respondent relies on Commissioner v. Procter, 142 F.2d 824 (4th Cir. 1944), and Ward v. Commissioner, 87 T.C. 78, 109-116 (1986). In Procter, the transfer document provided that, if a court decided 4 The transfer document identifies petitioners as transferors and states: Transferor irrevocably transfers and assigns to each Transferee above identified, as a gift, that number of limited partnership units in Herbert D. Knight Limited Partnership which is equal in value, on the effective date of this transfer, to $600,000.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011