Charles T. McCord, Jr. and Mary S. McCord, Donors - Page 15

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          transaction, and the donees took over.  Petitioners’ sons’                  
          involvement in the subsequent allocation of the transferred                 
          interests does not affect the petitioners’ gift tax liability,              
          particularly in the absence of a showing that petitioners                   
          retained some control over the subsequent allocation.  See sec.             
          25.2511-2(a), Gift Tax Regs. (stating that the gift tax is                  
          measured by the value of the property passing from the donor).              
          Petitioners’ sons and the estate planner made all the                       
          arrangements relating to the valuation.  This Court, however,               
          will not impute to petitioners an intent to avoid the gift tax              
          merely from the appraiser’s valuation of the transferred                    
          partnership interests, the sons’ involvement in the planning                
          process, or the hiring of an estate planner charged with tax                
          minimization.  See Estate of Strangi v. Commissioner, 115 T.C.              
          478, 484-485 (2000) (“Mere suspicion and speculation about a                
          decedent’s estate planning and testamentary objectives are not              
          sufficient to disregard an agreement in the absence of persuasive           
          evidence”), revd. on other grounds 293 F.3d 279 (5th Cir. 2002);            
          Hall v. Commissioner, 92 T.C. 312 (1989).                                   
               Respondent failed to establish that the Symphony or CFT                
          participated, knowingly or otherwise, in a plan to facilitate               
          petitioners’ purported avoidance of gift tax.  Indeed, the                  
          testimony and evidence established that the Symphony and CFT                
          acted independently.  CFT did not hire its own appraiser because            
          it had confidence in the appraiser hired by petitioners’ sons.              
          While in hindsight (i.e., after this Court’s valuation) it was              





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