Estate of W.W. Jones II, Deceased, A.C. Jones IV, Independent Executor - Page 11




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          of AVLP is the rental of its real property.  AVLP produces an               
          average annual yield of 3.3 percent of NAV.                                 
                                       OPINION                                        
          Gift at the Inception of the Partnerships                                   
               In an amendment to the answer, respondent contends that                
          decedent made taxable gifts upon contributing his property to the           
          partnerships.  Using the value reported by decedent on his gift             
          tax return, respondent argues that, if decedent gave up property            
          worth $17,615,857 and received back limited partnership interests           
          worth only $6,675,156, decedent made taxable gifts upon the                 
          formation of the partnerships equal to the difference in value.             
               In Estate of Strangi v. Commissioner, 115 T.C. 478, 489-490            
          (2000), a decedent formed a family limited partnership with his             
          children and transferred assets to the partnership in return for            
          a 99-percent limited partnership interest.  After his death, his            
          estate claimed that, due to lack-of-control and lack-of-                    
          marketability discounts, the value of the limited partnership               
          interest was substantially lower than the value of the property             
          that was contributed by the decedent.  The Commissioner argued              
          that the decedent had made a gift when he transferred property to           
          the partnership and received in return a limited partnership                
          interest of lesser value.  The Court held that, because the                 
          taxpayer received a continuing interest in the family limited               
          partnership and his contribution was allocated to his own capital           





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