- 23 - 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.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011