Estate of Morton B. Harper, Deceased, Michael A. Harper, Executor - Page 47




                                       - 47 -                                         
          about adequate and full consideration but do refer to                       
          enhancement, or lack thereof, of other partners’ interests.                 
          Hence, even if relevant here, we would be unable to conclude that           
          these rulings resolve the question of whether a proportionate               
          entity interest, in and of itself, constitutes adequate and full            
          consideration for contributed assets.                                       
               Second, although Estate of Harrison v. Commissioner, supra,            
          and Church v. United States, supra, do address section 2036,                
          there exist significant differences between these cases, on the             
          one hand, and Estate of Reichardt v. Commissioner, supra, and               
          Estate of Schauerhamer v. Commissioner, supra, on the other,                
          which distinguish the two groups.  In both Estate of Harrison v.            
          Commissioner, supra, and Church v. United States, supra, the                
          other partners made contributions at the formation of the entity            
          which were not de minimis in nature.  The partnership entity thus           
          served as the vehicle for a genuine pooling of interests.  The              
          court in each case then went on to conclude that the partnerships           
          had been created for a business purpose.  Estate of Harrison v.             
          Commissioner, supra; Church v. United States, supra.                        
               Accordingly, it is not unreasonable to assume that a genuine           
          pooling for business purposes injects something different into              
          the adequate and full consideration calculus than does mere,                
          unilateral value “recycling” as seen in Estate of Reichardt v.              
          Commissioner, supra, Estate of Schauerhamer v. Commissioner,                






Page:  Previous  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  Next

Last modified: May 25, 2011