Estate of Wayne C. Bongard, Deceased, James A. Bernards, Personal Representative - Page 56

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          relationship to the properties allegedly transferred to the                 
          partnership was altered.                                                    
               In the context of family limited partnerships, the bona fide           
          sale for adequate and full consideration exception is met where             
          the record establishes the existence of a legitimate and                    
          significant nontax reason for creating the family limited                   
          partnership, and the transferors received partnership interests             
          proportionate to the value of the property transferred.  See,               
          e.g., Estate of Stone v. Commissioner, supra; Estate of Harrison            
          v. Commissioner, supra.  The objective evidence must indicate               
          that the nontax reason was a significant factor that motivated              
          the partnership’s creation.  See Estate of Harper v.                        
          Commissioner, T.C. Memo. 2002-121; Estate of Harrison v.                    
          Commissioner, supra.  A significant purpose must be an actual               
          motivation, not a theoretical justification.                                
               By contrast, the bona fide sale exception is not applicable            
          where the facts fail to establish that the transaction was                  
          motivated by a legitimate and significant nontax purpose.  See              
          Estate of Hillgren v. Commissioner, supra; Estate of Thompson v.            
          Commissioner, supra; Estate of Harper v. Commissioner, supra; see           
          also Estate of Reichardt v. Commissioner, 114 T.C. 144 (2000).  A           
          list of factors that support such a finding includes the taxpayer           
          standing on both sides of the transaction, Estate of Hillgren v.            
          Commissioner, supra; the taxpayer’s financial dependence on                 






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