Estate of Eugene E. Stone, III, Deceased, C. Rivers Stone, E.E. Stone, IV, Mary Stone Fraser & Rosalie Stone Morris, Co-Personal Representatives - Page 17

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         was Mr. Merline, Mr. Stone’s attorney, who drafted proposed                  
         partnership agreements for the Five Partnerships.  Mr. Merline               
         discussed with Mr. Stone the children’s and their respective                 
         attorneys’ suggested changes to those proposed agreements.  Only             
         after Mr. Stone agreed to certain of those suggested changes did             
         Mr. Merline revise the proposed partnerships agreements to re-               
         flect the changes to which Mr. Stone agreed.                                 
              The record also establishes that the respective transfers at            
         issue did not constitute gifts by Mr. Stone and Ms. Stone, re-               
         spectively, to the other partners of each of the Five Partner-               
         ships.73  In addition, the record shows that those transfers were            
         motivated primarily by investment and business concerns relating             
         to the management of certain of the respective assets of Mr.                 
         Stone and Ms. Stone during their lives74 and thereafter and the              
         resolution of the litigation among the children.                             


               73Respondent properly does not contend that the respective             
          transfers of assets by Mr. Stone and Ms. Stone to each of the               
          Five Partnerships were gifts by them to the other partners of               
          each such partnership.  See Estate of Jones v. Commissioner, 116            
          T.C. 121, 127-128 (2001); Estate of Michelson v. Commission, T.C.           
          Memo. 1978-371.  In this connection, respondent asserted in the             
          notice issued to Mr. Stone’s estate an alternative gift theory              
          which respondent has since abandoned.  Respondent did not assert            
          any alternative gift theory in the notice issued to Ms. Stone’s             
          estate.                                                                     
               74At least as early as the last six months of 1995, Mr.                
          Stone and Ms. Stone were in control of their respective assets.             
          However, they no longer were interested or actively involved in             
          managing those assets and wanted their children to become ac-               
          tively involved in the management of those assets.                          




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