Estate of Albert Strangi - Page 11




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          property that was held by SFLP as of the date of death had                  
          increased in value to $11,100,922 due to the appreciation of                
          securities, particularly the Allen Group stock.                             
                                       OPINION                                        
               We must decide whether the existence of SFLP will be                   
          recognized for Federal estate tax purposes.  Respondent argues              
          that, under the business purpose and economic substance                     
          doctrines, SFLP should be disregarded in valuing the assets in              
          decedent’s estate.  Petitioner contends that the business purpose           
          and economic substance doctrines do not apply to transfer tax               
          cases and that SFLP had economic substance and business purpose.            
               Taxpayers are generally free to structure transactions as              
          they please, even if motivated by tax-avoidance considerations.             
          See Gregory v. Helvering, 293 U.S. 465, 469 (1935); Yosha v.                
          Commissioner, 861 F.2d 494, 497 (7th Cir. 1988), affg. Glass v.             
          Commissioner, 87 T.C. 1087 (1986).  However, the tax effects of a           
          particular transaction are determined by the substance of the               
          transaction rather than by its form.  In Frank Lyon Co. v. United           
          States, 435 U.S. 561, 583-584 (1978), the Supreme Court stated              
          that “a genuine multiple-party transaction with economic                    
          substance * * * compelled or encouraged by business or regulatory           
          realities, * * * imbued with tax-independent considerations, and            
          * * * not shaped solely by tax avoidance features” should be                
          respected for tax purposes.  “[T]ransactions which have no                  






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