- 67 - FOLEY, J., dissenting: The majority relies on Kincaid v. United States, 682 F.2d 1220, 1226 (5th Cir. 1982), where the court held that Mrs. Kincaid made a gift through an “unequal exchange [that] served to enhance the value of her sons’ voting stock”. The opinion, however, states: “Nor do we agree with petitioner’s contention that his transfers should be characterized as enhancements of his sons’ existent partnership interests.” Majority op. p. 16. The holding in this case is premised on Kincaid. The majority opinion, however, rejects petitioner’s contention, which is the essence of the Kincaid holding, and fails to explain why the result in this case should be different from that in Kincaid. Accordingly, I respectfully dissent.Page: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67
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