- 18 - Generation-Skipping Transfer) Tax Return, were filed on behalf of decedent and were received by the Internal Revenue Service on October 16, 1995, and November 2, 1995, respectively. The gift tax return reported the .4-percent general and 24-percent limited partnership interests given to Michael and the .6-percent general and 36-percent limited partnership interests given to Lynn. The estate tax return included as part of decedent’s gross estate the Trust’s 39-percent limited partnership interest in HFLP. Notices of deficiency were issued with respect to the above returns on October 21, 1998. As previously stated, respondent therein advanced a primary and an alternative position. Under the primary position, the full value of the assets held by HFLP was included in decedent’s gross estate, and prior taxable gifts were reduced to $0, resulting in an estate tax deficiency of $331,171 and no deficiency in gift tax. Under the alternative position, respondent determined an estate tax deficiency of $150,496 and a gift tax deficiency of $180,675. OPINION I. Contentions of the Parties The parties in this case disagree regarding how properly to treat the partnership interests transferred by decedent to his children during life and the interest included through the Trust in his estate at death. Respondent contends that the full fair market value of the assets contributed to HFLP is includable inPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011