- 43 - contributed marketable securities to the partnerships, but the partnerships failed to sell or diversify them. Other than favorable estate tax treatment resulting from this change in form, the court was unable to identify a legitimate and significant nontax reason for the transfer. See id. at 380. The court therefore held that there was no adequate consideration within the meaning of section 2036(a). The Court of Appeals also concluded that the decedent’s transfers to the family limited partnerships did not constitute bona fide sales within the meaning of section 2036(a). The Third Circuit noted that it is important to scrutinize the substance of an intrafamily transaction because “‘the family relationship often makes it possible for one to shift tax incidence by surface changes of ownership without disturbing in the least his dominion and control over the subject of the gift or the purposes for which the income from the property is used.’” Id. at 382 (quoting Commissioner v. Culbertson, 337 U.S. 733 (1949)). C. Decedent’s Transfer of Empak Stock to WCB Holdings Respondent contends that decedent’s transfer of Empak stock to WCB Holdings was not a bona fide sale for adequate and full consideration in money or money’s worth. The estate’s position is that decedent’s transfer of Empak stock to WCB Holdings was a bona fide sale for adequate and full consideration. As stated above, a finding to that effect would preclude the application ofPage: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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