- 26 - reported on the Schedules K-1 never reflects decedent’s trust’s contribution of the Padaro Lane property. The Bigelows did not comply with all of the terms of the partnership agreement. These facts suggest that the sale was not in good faith. 3. No Potential for Nontax Benefit to Decedent The transfer did not provide and had no potential to provide any nontax benefit to decedent because management of the assets did not change as a result of the transfer and there was no pooling of assets. A transfer of assets is not a bona fide sale for estate tax purposes unless the transfer provides the transferor some benefit other than estate tax savings. See Estate of Thompson v. Commissioner, 382 F.3d 367 (3d Cir. 2004); Estate of Harper v. Commissioner, supra. The estate contends that transferring the Padaro Lane property to the limited partnership had three nontax purposes. First, the estate contends that one of those purposes was to provide legal protection from creditors. We disagree. Transferring the Padaro Lane property to Spindrift did not give decedent’s trust any additional protection from creditors because decedent’s trust was the sole general partner. As a general partner, decedent’s trust was not protected from liability arising from the ownership of the property. Limiting the liability of decedent’s trust was not a purpose for forming the partnership and transferring the Padaro Lane property to it.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