Estate of Albert Strangi - Page 44




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          Mr. Strangi’s assets artificially for a brief time as the assets            
          passed through his estate to his children.  See Estate of Murphy            
          v. Commissioner, T.C. Memo. 1990-472, in which this Court denied            
          decedent’s estate a minority discount on a 49.65-percent stock              
          interest because the prior inter vivos transfer of a 1.76-percent           
          interest did “not appreciably affect decedent’s beneficial                  
          interest except to reduce Federal transfer taxes.”  Estate of               
          Murphy v. Commissioner, supra, 60 T.C.M. (CCH) 645, 661, 1990               
          T.C.M. (RIA) par. 90,472, at 90-2261.                                       
               Thus, under the end-result test, the formally separate                 
          steps of the transaction (the creation and funding of the                   
          partnership within 2 months of Mr. Strangi’s death, the                     
          substantial outright distributions to the estate and to the                 
          children, and the carving up of the Merrill Lynch account) that             
          were employed to achieve Mr. Strangi’s testamentary objectives              
          should be collapsed and viewed as a single integrated                       
          transaction:  the transfer at Mr. Strangi’s death of the                    
          underlying assets.                                                          
               In many cases courts have collapsed multistep transactions             
          or recast them to identify the parties (usually the donor or                
          donee) or the property to be valued for transfer tax purposes.              
          See, e.g., Estate of Bies v. Commissioner, T.C. Memo. 2000-338              
          (identifying transferors for purposes of gift tax annual                    
          exclusions); Estate of Cidulka v. Commissioner, T.C. Memo. 1996-            






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