Estate of Virginia A. Bigelow, Deceased, Franklin T. Bigelow, Jr., Executor - Page 26

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          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.                






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