- 106 - 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.Page: Previous 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 Next
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