Estate of Wayne C. Bongard, Deceased, James A. Bernards, Personal Representative - Page 90

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          caselaw referenced above, the adequate and full consideration               
          exception does not apply where a difference in value between                
          transferred and received properties causes a depletion in the               
          transferor’s gross estate.  Nor does Kimbell v. United States,              
          supra, hold otherwise.  As the Thompson majority observed as to             
          Kimbell:                                                                    
               Kimbell does not take into account that to avoid the                   
               recapture provision of section 2036(a) the property                    
               transferred must be replaced by property of equal value                
               that could be exposed to inclusion in the decedent’s                   
               gross estate * * * on a money or money’s worth basis.                  
               [Estate of Thompson v. Commissioner, supra at 387 n.24                 
               (Greenberg, J., concurring and joined by Rosenn, J.);                  
               citations and quotation marks omitted.]                                
                    2.  Majority’s Conclusion That the Record Establishes             
               the Existence of a Legitimate and Significant Nontax Reason            
               for Creating a Family Limited Partnership                              
               Where the transferors received family limited partnership              
          interests proportionate to the value of property transferred to             
          the partnership, the majority concludes that the adequate and               
          full consideration exception is satisfied if there was a                    
          legitimate and significant nontax reason for creating the                   
          partnership.  I disagree with this conclusion for three reasons.            
               First, I disagree with the use of the majority’s “legitimate           
          and significant nontax reason” test.  See majority op. p. 39.  I            
          would apply the longstanding and well-known business purpose test           
          of Gregory v. Helvering, 293 U.S. 465 (1935).  Indeed, the Court            
          of Appeals for the Third Circuit used that business purpose test            
          in Estate of Thompson v. Commissioner, supra at 383, when it                





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