-44- raised in the statutory notice of deficiency and are therefore new matters within the meaning of Rule 142(a). Thus, as respondent has conceded, the burden of proof is on respondent. C. The Parenthetical Exception Sections 2036 and 2038 each contain an identical parenthetical exception for “a bona fide sale for an adequate and full consideration in money or money’s worth”. Regulations promulgated under both sections reference the definition for this phrase contained in section 20.2043-1, Estate Tax Regs. Secs. 20.2036-1(a), 20.2038-1(a)(1), Estate Tax Regs. Section 20.2043- 1(a), Estate Tax Regs., provides: “To constitute a bona fide sale for an adequate and full consideration in money or money’s worth, the transfer must have been made in good faith, and the price must have been an adequate and full equivalent reducible to a money value.” Availability of the exception thus rests on two requirements: (1) A bona fide sale and (2) adequate and full consideration. This Court has recently summarized when these requirements will be satisfied, as follows: In the context of family limited partnerships, the bona fide sale for adequate and full consideration exception is met where the record establishes the existence of a legitimate and significant nontax reason for creating the family limited partnership, and the transferors received partnership interests proportionate to the value of the property transferred. * * * The objective evidence must indicate that the nontax reason was a significant factor that motivatedPage: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
Last modified: May 25, 2011