Estate of Lea K. Hillgren, Deceased, Mark Hillgren, Executor - Page 30

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          spouse.  There is no evidence that O’Brien knew of the existence            
          of LKHP.  The partnership was intended to be largely invisible.             
               Goldenberg testified that, during the examination of the               
          case, the estate did not mention that the partnership agreement             
          was intended as a “premarital tool”.  The estate told Goldenberg            
          that the partnership served as an asset protection vehicle.                 
          Goldenberg further testified that, if he had known of the                   
          premarital reason for the partnership agreement, he would have              
          identified O’Brien to interview him.  We are therefore not                  
          persuaded by the testimony that LKHP was formed to provide                  
          premarital asset protection.                                                
               Second, with respect to the estate’s claim that the                    
          partnership was formed as a result of arm’s-length negotiations,            
          we are not persuaded that decedent and Hillgren acted at arm’s              
          length.  The estate contends that Hillgren made a significant               
          contribution to the partnership, to wit, the services that he was           
          to provide to the partnership as a general partner with a                   
          25-percent profit interest.  The estate argues that decedent and            
          Hillgren bargained over what his profit interest would be in the            
          partnership.  The estate claims that the negotiation between                
          decedent and Hillgren distinguishes this case from that of Estate           
          of Harper v. Commissioner, T.C. Memo. 2002-121, where the                   
          decedent stood on both sides of the transaction.  The record,               
          however, indicates that Hillgren was not only a general partner             






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