Estate of Theodore R. Thompson, Deceased, Betsy T. Turner, Executrix - Page 32




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          minority interest or lack of marketability.  The disallowance of            
          those discounts did not call into question the economic substance           
          of the partnerships or raise the applicability of section 2036.             
          Moreover, the amount of discount for lack of control and                    
          marketability requires different evidence than that required for            
          the matters first raised in the amendment to the answer.                    
          Entitlement to the discounts requires proof that a willing buyer            
          would pay less for decedent’s interest in the partnerships than net         
          asset value because the interests did not have control over the             
          partnership and because there was no ready market for the sale of           
          the partnership interests.  Evidence required to establish that the         
          entities should be respected for estate and gift tax purposes               
          includes evidence that the entities were properly established under         
          State law and that other formalities have been followed.  Evidence          
          required to prove that section 2036(a) does not apply includes              
          evidence that decedent did not retain the enjoyment of the property         
          or control over who has the enjoyment of the property or that               
          decedent transferred the property for adequate consideration.  See          
          infra pp. 33-49.  These are new matters raised in the amendment to          
          the answer.                                                                 
          II. Whether the Turner Partnership and the Thompson Partnership             
               Will Be Recognized for Federal Estate Tax Purposes                     
               Respondent contends that the Thompson Partnership and the              
          Turner Partnership should be disregarded for Federal tax purposes           
          because they lack economic substance and business purpose.  “Mere           





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