Estate of Albert Strangi - Page 39




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               BEGHE, J., dissenting:  Having joined the dissents of Judges           
          Parr and Ruwe, I write separately to describe another path to the           
          conclusion that SFLP had no effect on the value of Mr. Strangi’s            
          gross estate under sections 2031 and 2033.  In my view, the                 
          property to be valued is the property originally held by Mr.                
          Strangi, the so-called contributed property.  Notwithstanding               
          that the property in question may have been contributed to a                
          partnership formed on Mr. Strangi’s behalf in exchange for a 99-            
          percent limited partnership interest, we’re not bound to accept             
          the estate’s contention that the property to be valued is its               
          interest in SFLP, subject to all the disabilities and resulting             
          valuation discounts entailed by ownership of an interest in a               
          limited partnership.  Instead, the facts of this case invite us             
          to use the end-result version of the step-transaction doctrine to           
          treat the underlying partnership assets--the property originally            
          held by the decedent--as the property to be valued for estate tax           
          purposes.                                                                   
               The value of property for transfer tax purposes is the price           
          at which the property would change hands between a willing buyer            
          and a willing seller, neither being under any compulsion to buy             
          or to sell and both having reasonable knowledge of relevant                 
          facts.  See United States v. Cartwright, 411 U.S. 546, 550-551              
          (1973); sec. 20.2031-1(b), Estate Tax Regs.; sec. 25.2512-1, Gift           
          Tax Regs.  The majority state that SFLP’s existence “would not be           






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