Estate of Albert Strangi - Page 48




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          “restrictions imposed in the instrument of transfer are to be               
          ignored for purposes of making estate or gift tax valuations”.              
          Id. at 1252-1253.  I conclude that the formation of SFLP and                
          subsequent distributions of partnership assets should be treated            
          as parts of a single, integrated transaction, and that the SFLP             
          agreement is properly viewed as a restriction included in the               
          testamentary conveyance to the Strangi children.  Accordingly,              
          under Citizens Bank & Trust Co. v. Commissioner, supra, and the             
          other authorities previously discussed, any reduction in values             
          allegedly caused by the SFLP agreement should be disregarded;               
          under sections 2031 and 2033, the contributed property is the               
          property to be included and valued in the gross estate.                     
               PARR, J., agrees with this dissenting opinion.                         

























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