Estate of Wayne C. Bongard, Deceased, James A. Bernards, Personal Representative - Page 58

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          at 262.  The court stated that the proper question in examining             
          the adequate and full consideration prong was whether the sale              
          depleted the gross estate.  Id. (citing Wheeler v. United States,           
          116 F.3d 749, 759 (5th Cir. 1997)); see Estate of Frothingham v.            
          Commissioner, 60 T.C. 211, 215-216 (1973).                                  
               The Court of Appeals disagreed with the District Court’s               
          determination that a sale between members of the same family                
          cannot be a bona fide one.  Kimbell v. United States, supra at              
          267.  A transaction between family members is, however, subjected           
          to heightened scrutiny to ensure that it is not a sham or                   
          disguised gift.  Applying its test to the facts, the Court of               
          Appeals held in Kimbell that the pro rata partnership interest              
          the decedent received was adequate and full consideration.  The             
          court also found that the decedent’s transfer met the bona fide             
          sale exception because the partnership was in actual possession             
          of the assets transferred, partnership formalities were                     
          satisfied, she retained sufficient assets outside of the                    
          partnership to meet her personal needs, some of the assets                  
          contributed were active business assets, and she had nontax                 
          business reasons for creating the partnership.  Id.  The nontax             
          business reasons included, among others, the protection of the              
          taxpayer from personal liability with regard to the oil and gas             
          properties contributed, the pooling of all of the decedent’s                
          assets to provide greater financial growth than splitting the               






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