J.C. Shepherd - Page 53




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          as the property transferred by virtue of each of the deemed                 
          separate gifts.  Otherwise, we must construe section 2512(b) to             
          apply not on a gift-by-gift basis, but on the basis of aggregate            
          gifts made by the donor to different donees–-a result without               
          basis in law or common sense.                                               
               It would seem beyond cavil that if the petitioner had made             
          direct gifts to his sons of 25-percent undivided interests in the           
          land, we would permit appropriate fractional interest discounts             
          in valuing the gifts.  It would be anomalous if by making the               
          same gifts indirectly, through a partnership, instead of                    
          directly, such fractional interest discounts were precluded.                
          Having applied the indirect gift rule to deny the donor entity-             
          level discounts on the basis that the transfer to the entity was            
          in essence multiple transfers to the individual objects of the              
          donor’s bounty, it would be unfair then to ignore the operation             
          of that rule in concluding that in considering the availability             
          of a fractional interest discount, the transfer should be treated           
          as a unitary transfer to the entity.                                        
               Finally, it is true, as Judge Ruwe notes, that neither                 
          Kincaid nor several of its progeny allowed any fractional                   
          interest discount with respect to the transferred property.                 
          There is no indication in any of these cases, however, that the             
          taxpayer raised or that the court considered such an issue.  The            
          only case in the Kincaid line of cases to expressly consider the            
          issue was Estate of Bosca v. Commissioner, T.C. Memo. 1998-251,             
          which concluded, consistent with the majority opinion, that                 



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