Estate of W.W. Jones II, Deceased, A.C. Jones IV, Independent Executor - Page 12




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          account, the taxpayer had not made a gift at the time of                    
          contribution.                                                               
               In Shepherd v. Commissioner, 115 T.C. 376, 379-381 (2000),             
          the taxpayer transferred real property and stock to a newly                 
          formed family partnership in which he was a 50-percent owner and            
          his two sons were each 25-percent owners.  Rather than allocating           
          contributions to the capital account of the contributing partner,           
          the partnership agreement provided that any contributions would             
          be allocated pro rata to the capital accounts of each partner               
          according to ownership.  Because the contributions were reflected           
          partially in the capital accounts of the noncontributing                    
          partners, the value of the noncontributing partners’ interests              
          was enhanced by the contributions of the taxpayer.  Therefore,              
          the Court held that the transfers to the partnership were                   
          indirect gifts by the taxpayer to his sons of undivided                     
          25-percent interests in the real property and stock.  See id. at            
          389.                                                                        
               The contributions of property in the case at hand are                  
          similar to the contributions in Estate of Strangi and are                   
          distinguishable from the gifts in Shepherd.  Decedent contributed           
          property to the partnerships and received continuing limited                
          partnership interests in return.  All of the contributions of               
          property were properly reflected in the capital accounts of                 
          decedent, and the value of the other partners’ interests was not            





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