- 32 - 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.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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