J.C. Shepherd - Page 13




                                       - 13 -                                         
               In his petition, petitioner not only assigns error to                  
          respondent’s determination in the statutory notice but also seeks           
          a partial restoration of his unified credit.  Petitioner contends           
          that the gifts to his sons of interests in the leased land                  
          represent two separate gifts of partnership interests and that              
          the gifts of bank stock represent two separate indirect gifts               
          bestowed through enhancements of the previously gifted                      
          partnership interests.  Viewed thus, petitioner contends, these             
          gifts should be valued giving effect to a 33.5-percent minority             
          and marketability discount applicable to each son’s 25-percent              
          partnership interest.  The bottom line, petitioner argues, is               
          that the gifts of both the leased land and the bank stock, as               
          reported on his 1991 gift tax return, were overvalued.                      
               Respondent does not dispute that the partnership exists or             
          that it is a legitimate partnership.8  Respondent also agrees               
          that if the gifts of land were to be valued giving effect to                
          minority and marketability discounts in recognition of the 25-              
          percent partnership shares, then the appropriate discount would             
          be 33.5 percent.  Respondent contends, however, that this                   
          discount rate is inapplicable, because the gifts should not be              
          measured by reference to the sons’ partnership interests.  In               


               8 Moreover, respondent has not argued and we do not consider           
          the applicability of chapter 14 (secs. 2701-2704), relating to              
          special valuation rules that apply to, among other things,                  
          transfers of certain interests in partnerships and certain                  
          lapsing rights and restrictions.                                            




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