Estate of Wayne C. Bongard, Deceased, James A. Bernards, Personal Representative - Page 91

                                        - 74 -                                        
          stated:                                                                     
               A “good faith” transfer to a family limited partnership                
               must provide the transferor some potential for benefit                 
               other than the potential estate tax advantages that                    
               might result from holding assets in the partnership                    
               form.  Even when all the “i’s are dotted and t’s are                   
               crossed,” a transaction motivated solely by tax                        
               planning and with “no business or corporate purpose ...                
               is nothing more than a contrivance.”  Gregory v.                       
               Helvering, 293 U.S. 465, 469 (1935).  * * *                            
          The Court of Appeals for the Eighth Circuit, the court to which             
          an appeal of this case would most likely lie, also has regularly            
          used a business purpose/economic substance test in Federal tax              
          matters, e.g., IES Indus., Inc. v. United States, 253 F.3d 350              
          (8th Cir. 2001); Bergman v. United States, 174 F.3d 928 (8th Cir.           
          1999), including matters dealing with estate and gift taxes,                
          e.g., Estate of Schuler v. Commissioner, 282 F.3d 575 (8th Cir.             
          2002), affg. T.C. Memo. 2000-392; Sather v. Commissioner, 251               
          F.3d 1168 (8th Cir. 2001), affg. in part and revg. in part on the           
          applicability of accuracy-related penalties T.C. Memo. 1999-309.            
               Second, the words “legitimate” and “significant” are                   
          ambiguous and subject to various interpretations.  For example,             
          as I read the meaning of the adjective “legitimate” in                      
          Merriam-Webster’s Collegiate Dictionary 665 (10th ed. 1999), I am           
          unsure which of those meanings the majority intends to give to              
          that word.  The only possible meanings are:  “2 : being exactly             
          as purposed: neither spurious nor false”; “3 a : accordant with             
          law or with established legal forms and requirements”; and “4 :             






Page:  Previous  64  65  66  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  82  83  Next

Last modified: May 25, 2011