Estate of Wayne C. Bongard, Deceased, James A. Bernards, Personal Representative - Page 49

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          attorney appointing his son as his attorney-in-fact.  On August             
          1, 1979, the decedent’s son, acting individually and under the              
          power of attorney, organized a family limited partnership for               
          purposes of consolidating and preserving the decedent’s assets.             
          Some of the assets the decedent contributed included oil and gas            
          assets, which required active management.  The decedent’s 77.8-             
          percent limited partnership interest and 1-percent general                  
          partnership interest were proportionate to the value of the                 
          property he transferred.  The decedent’s sons each received 10.6-           
          percent general partnership interests.  The decedent died on                
          January 14, 1980.  We held that the formation of the partnership            
          was not a testamentary disposition for two reasons significant to           
          this discussion.  First, the decedent received adequate and full            
          consideration for his transfer.  Second, because the estate was             
          able to show that the partnership was created for the business              
          purpose of providing the necessary and proper management of the             
          decedent’s properties.                                                      
               In Estate of Harper v. Commissioner, T.C. Memo. 2002-121,              
          the Court held the bona fide sale exception was not satisfied.              
          On December 18, 1990, the decedent created a revocable trust.               
          The trust instrument named the decedent the initial trustee.  The           
          decedent formed a limited partnership in which his two children             
          received a combined 1-percent general partnership interest and              
          the trust received a 99-percent limited partnership interest.               






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