Estate of Wayne C. Bongard, Deceased, James A. Bernards, Personal Representative - Page 50

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          The decedent never consulted with his children regarding how the            
          partnership was going to be operated or structured.                         
               As part of the analysis the Court stated that the                      
          applicability of the bona fide sale exception depends on two                
          requirements: “(1) A bona fide sale, meaning an arm’s-length                
          transaction, and (2) adequate and full consideration.”  The                 
          alleged nontax purpose for creating the partnership was to manage           
          and invest the assets contributed.  However, the facts revealed             
          that no new investment strategies were employed by the                      
          partnership, nor did any of the assets constitute working assets            
          as in Estate of Harrison v. Commissioner, supra.  Moreover, the             
          estate failed to identify the property, if any, the decedent’s              
          children transferred to him or the partnership in exchange for              
          their partnership interests.  See Estate of Reichardt v.                    
          Commissioner, 114 T.C. 144, 155 (2000) (holding that there was no           
          adequate and full consideration where, among other things, the              
          decedent’s children transferred nothing to him or the                       
          partnership).  A circuitous recycling of value occurred because             
          the pooled assets were significantly composed of the same                   
          property contributed by the trust to the partnership.                       
               In Estate of Thompson v. Commissioner, T.C. Memo. 2002-246,            
          affd. 382 F.3d 367 (3d Cir. 2004), we again held the bona fide              
          sale exception was not applicable.  On January 16, 1969, the                
          decedent established a revocable trust.  The trust agreement was            






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