Estate of Eugene E. Stone, III, Deceased, C. Rivers Stone, E.E. Stone, IV, Mary Stone Fraser & Rosalie Stone Morris, Co-Personal Representatives - Page 14

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              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-                 





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