Estate of Virginia A. Bigelow, Deceased, Franklin T. Bigelow, Jr., Executor - Page 23

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          B.   Whether the Transfer of the Padaro Lane Property by                    
               Decedent’s Trust for 14,500 B Units in Spindrift Was a Bona            
               Fide Sale for Adequate and Full Consideration                          
               Section 2036(a)(1) does not apply if the transfer of                   
          property was part of a bona fide sale for adequate and full                 
          consideration.  The estate contends that the transfer by                    
          decedent’s trust of the fee simple interest in the Padaro Lane              
          property to the partnership was a bona fide and genuine transfer            
          for which decedent’s trust received adequate and full                       
          consideration; i.e., 14,500 of the 14,504 limited partnership               
          units (99.97242 percent).                                                   
               To constitute a bona fide sale for adequate and full                   
          consideration, the transfer of the property must be made in good            
          faith.  Estate of Thompson v. Commissioner, supra at 383; sec.              
          20.2043-1(a), Estate Tax Regs.  Such a sale requires that the               
          transfer be made for a legitimate nontax purpose.  Estate of                
          Bongard v. Commissioner, 124 T.C. ___, ___ (2005) (slip op. at              
          39).  Transactions between family members are subject to                    
          heightened scrutiny to ensure that the transaction is not a                 
          disguised gift.  See Harwood v. Commissioner, 82 T.C. 239, 258              
          (1984), affd. without published opinion 786 F.2d 1174 (9th Cir.             
          1986); Estate of Stone v. Commissioner, T.C. Memo. 2003-309; cf.            
          Estate of Reichardt v. Commissioner, supra.  As discussed next,             
          the transfer of the Padaro Lane property to Spindrift was not               
          made in good faith.                                                         






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