Estate of Wayne C. Bongard, Deceased, James A. Bernards, Personal Representative - Page 73

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          BFLP never attempted to invest or diversify its assets.  As a               
          practical matter, decedent did not receive any benefit beyond               
          transfer tax savings from placing his WCB Holdings class B                  
          membership units in BFLP.  In Estate of Harper v. Commissioner,             
          T.C. Memo. 2002-121, we found that the decedent only recycled the           
          value of the property he transferred to the partnership.  A                 
          recycling of value has occurred if “all decedent did was to                 
          change the form in which he held his beneficial interest in the             
          contributed property.”  Id.  The partnership in Estate of Harper,           
          like the partnership here, did not establish a different                    
          investment plan with respect to its assets.  In this case,                  
          decedent recycled the value of his WCB Holdings class B                     
          membership units by contributing them to BFLP.                              
               Under these facts, decedent’s transfer of WCB Holdings class           
          B membership units to BFLP did not satisfy the bona fide sale               
          exception.                                                                  
          III. Whether Decedent Retained a Section 2036(a) Interest in BFLP           
               Our determination that the bona fide sale exception does not           
          apply to decedent’s transfer to BFLP does not end the inquiry.              
          As pertinent here, section 2036(a) includes in a decedent’s gross           
          estate “all property to the extent of any interest therein” of              
          which the decedent has made a transfer wherein he “has retained             
          for his life” either “(1) the possession or enjoyment of, or the            
          right to the income from, the property, or (2) the right, either            






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