Ina F. Knight - Page 15




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          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.                                      





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Last modified: May 25, 2011