- 111 - assets that they transferred to each such partnership, they did not receive adequate and full consideration for the assets trans- ferred. Respondent’s argument in effect reads out of section 2036(a) the exception for “a bona fide sale for an adequate and full consideration in money or money’s worth” in any case where there is a bona fide, arm’s-length transfer of property to a business entity (e.g., a partnership or a corporation) for which the transferor receives an interest in such entity (e.g., a partnership interest or stock) that is proportionate to the fair market value of the property transferred to such entity and the determination of the value of such an interest takes into account appropriate discounts. We reject such an argument by respondent that reads out of section 2036(a) the exception that Congress expressly prescribed when it enacted that statute. Respondent’s argument about the discounted values of the partnership interests at issue also ignores the fact that each of the Five Partnerships was created, funded, and operated as a joint enterprise for profit for the management of its assets in which there was a genuine pooling of property and services. We have found that, when the partners of each of the Five Partner- ships formed and funded each such partnership, they contemplated and intended that each such partnership operate as a joint enter- prise for profit for the management of its assets and that the children contribute services in providing such management in thePage: 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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