- 104 - tions. * * * The creation of the [Five] Partnerships did not constitute “value recycling,” and Mr. and Mrs. Stone received full and adequate consideration for their transfers to the partnerships. [Fn. ref. omit- ted.] On the record before us, we agree with the estates’ position and reject respondent’s position. The instant cases are distin- guishable from Estate of Harper v. Commissioner, supra, and other cases factually similar to Estate of Harper71 on which respondent relies, and respondent’s reliance on such cases is misplaced. Unlike the transfers involved in Estate of Harper and those other cases, we have found on the record in the instant cases that the respective transfers of assets by Mr. Stone and Ms. Stone to each of the Five Partnerships, as well as the respective transfers of assets by the other partners to each such partnership,72 were bona 71See supra note 70. 72All the partners of each of the Five Partnerships trans- ferred to each such partnership respective assets such partners owned. We reject respondent’s contention that, because certain of the assets that the children respectively transferred to one or more of the Five Partnerships were assets that they received as gifts from Mr. Stone, the children did not make transfers to one or more of such partnerships that should be recognized for purposes of determining the applicability of sec. 2036(a)(1) to such transfers. Mr. Stone gave certain property to each of the children, which they then transferred to one or more of the Five Partnerships in return for partnership interests. Mr. Stone reported the gifts that he made to the children in his 1997 gift tax return. The children owned the assets that he gave them when they respectively transferred such assets to one or more of such partnerships. In this connection, we note that respondent abandoned the alternative substance over form doctrine advanced in the respective notices issued to Mr. Stone’s estate and Ms. Stone’s estate.Page: Previous 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 Next
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