Estate of Charles Porter Schutt, Deceased, Charles P. Schutt, Jr., and Henry I. Brown III, Co-Executors - Page 44

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          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 motivated                  






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