- 103 - valuing Decedents’ limited partner interests in the event the Court concludes that section 2036(a)(1) is not applicable, show that Petitioners admittedly do not consider interests in the Stone LPs to be the “full equivalent reducible to a money value” of the propor- tionate amount of the underlying assets Decedents con- tributed to the partnerships. * * * As in Estate of Harper, Decedents’ transfers to the Stone LPs were simply a mere recycling of value and form of ownership. * * * It is the estates’ position that the respective transfers of property by Mr. Stone and Ms. Stone to each of the Five Partner- ships were bona fide sales for adequate and full consideration in money or money’s worth under section 2036(a). In support of that position, the estates argue: Because Mr. and Mrs. Stone received pro rata partner- ship interests in return for the contributions made to the Partnerships * * *, and because the contributions were properly credited to each partner’s capital ac- count * * *, there was no donative transfer made in connection with the creation of the Partnerships. * * * Because no donative transfer occurred when the Partner- ships were formed � 2036(a) does not apply. * * * * * * * * * * In Harper, the Court’s finding of no bona fide sale for adequate and full consideration was based upon the conclusion that the creation of the partnerships was not “motivated primarily by legitimate business concerns,” and constituted only “unilateral” value recycling. * * * In [Estate of] Thompson [v. Commis- sioner, T.C. Memo. 2002-46], the Court’s finding was based on its conclusion that “the transactions were not motivated by the type of legitimate business concerns that furnished ‘adequate consideration’ as described in Estate of Harrison v. Commissioner [T.C. Memo. 1987-8] and Estate of Michelson v. Commissioner [T.C. Memo. 1978-371].” * * * In these [instant] cases, however, the creation of the [Five] Partnerships was motivated by substantial business purposes and their creation and funding resulted from substantial arm’s-length negotia-Page: Previous 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 Next
Last modified: May 25, 2011