- 30 - 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 partnerPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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