Estate of Albert Strangi - Page 12




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          economic purpose or substance other than the avoidance of taxes             
          will be disregarded.”  Gregory v. Helvering, supra at 469-470;              
          see also Merryman v. Commissioner, 873 F.2d 879 (5th Cir. 1989),            
          affg. T.C. Memo. 1988-72.                                                   
               Family partnerships must be closely scrutinized by the                 
          courts because the family relationship “so readily lends itself             
          to paper arrangements having little or no relationship to                   
          reality.”  Kuney v. Frank, 308 F.2d 719, 720 (9th Cir. 1962);               
          accord Frazee v. Commissioner, 98 T.C. 554, 561 (1992); Harwood             
          v. Commissioner, 82 T.C. 239, 258 (1984), affd. without published           
          opinion 786 F.2d 1174 (9th Cir. 1986); Estate of Kelley v.                  
          Commissioner, 63 T.C. 321, 325 (1974); Estate of Tiffany v.                 
          Commissioner, 47 T.C. 491, 499 (1967); see also Helvering v.                
          Clifford, 309 U.S. 331, 336-337 (1940).  Family partnerships have           
          long been recognized where there is a bona fide business carried            
          on after the partnership is formed.  See, e.g., Drew v.                     
          Commissioner, 12 T.C. 5, 12-13 (1949).  Mere suspicion and                  
          speculation about a decedent’s estate planning and testamentary             
          objectives are not sufficient to disregard an agreement in the              
          absence of persuasive evidence that the agreement is not                    
          susceptible of enforcement or would not be enforced by parties to           
          the agreement.  Cf. Estate of Hall v. Commissioner, 92 T.C. 312,            
          335 (1989).                                                                 








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