Estate of Albert Strangi, Deceased, Rosalie Gulig, Independent Executrix - Page 42

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          position in certain previous administrative rulings.  As the                
          estate repeatedly brings to our attention, the Commissioner has             
          cited United States v. Byrum, supra, in such rulings for the                
          principle that fiduciary constraints counsel against inclusion of           
          family limited partnership assets under section 2036(a)(2).  See,           
          e.g., Priv. Ltr. Rul. 94-15-007 (Apr. 15, 1994); Priv. Ltr. Rul.            
          93-10-039 (Mar. 12, 1993); Tech. Adv. Mem. 91-31-006 (Aug. 2,               
          1991).  These written determinations are expressly declared by              
          statute to be without precedential force.  Sec. 6110(k)(3).                 
          Thus, any claimed reliance on them is unavailing.  In any event,            
          cursory exposition in limited factual circumstances does not                
          preclude our analysis of statutory provisions and regulations in            
          the context of this case.                                                   
               In sum, the estate’s averment that decedent’s “‘rights’                
          * * * were severely limited by the fiduciary duties of other                
          people who (according to Byrum) presumably could be counted on              
          * * * [to] observe those restraints” rests on a faulty legal                
          premise and ignores factual realities.  First, the Supreme                  
          Court’s opinion in United States v. Byrum, supra, provides no               
          basis for “presuming” that fiduciary obligations will be enforced           
          in circumstances divorced from the safeguards of business                   
          operations and meaningful independent interests or oversight.               
          Second, the facts of this case belie the existence of any genuine           
          fiduciary impediments to decedent’s rights.  We conclude that the           






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