J.C. Shepherd - Page 67




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               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.                                                                    

























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