Estate of Albert Strangi - Page 29




                                       - 29 -                                         
               PARR, J., dissenting:  The majority, citing Frank Lyon Co.             
          v. United States, 435 U.S. 561, 583-584 (1978), states:  "the tax           
          effects of a particular transaction are determined by the                   
          substance of the transaction rather than by its form."  Majority            
          op. p. 11.  The majority also cites a long line of cases, see               
          Helvering v. Clifford, 309 U.S. 331, 336 (1940); Kuney v. Frank,            
          308 F.2d 719, 720 (9th Cir. 1962); 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 Kelly v. Commissioner, 63 T.C. 321, 325 (1974);            
          Estate of Tiffany v. Commissioner, 47 T.C. 491, 499 (1967), that            
          require the Court to closely scrutinize family partnerships                 
          "because the family relationship 'so readily lends itself to                
          paper arrangements having little or no relationship to reality.'"           
          Majority op. p. 12 (quoting Kuney v. Frank, 308 F.2d 719, 720               
          (9th Cir. 1962)).                                                           
               The majority is "skeptical of the estate's claims of                   
          business purposes related to executor and attorney's fees or                
          potential tort claims", majority op. p. 13, is not persuaded that           
          SFLP was formed to protect assets from will contests, does not              
          believe that a joint investment vehicle was the purpose of the              
          partnership, found that the formation and control of SFLP were              
          orchestrated by Mr. Gulig without regard to joint enterprise, and           








Page:  Previous  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  Next

Last modified: May 25, 2011