-46- testing whether the resulting terms and conditions of a transaction were the same as if unrelated parties had engaged in the same transaction.” Estate of Bongard v. Commissioner, supra at __ (slip op. at 46). Intrafamily or related-party transactions are not barred under this standard, but they are subjected to a higher level of scrutiny. Id. at __ (slip op. at 46-47). In probing the presence or absence of a bona fide sale and corollary legitimate and significant nontax purpose, courts have identified various factual circumstances weighing in this analysis. These factors include whether the entity engaged in legitimate business operations, whether property was actually transferred to the entity, whether personal and entity assets were commingled, whether the taxpayer was financially dependent on distributions from the entity, and whether the transferor stood on both sides of the transaction. See, e.g., Estate of Thompson v. Commissioner, supra; Kimbell v. United States, 371 F.3d 257 (5th Cir. 2004); Estate of Bongard v. Commissioner, supra; Estate of Hillgren v. Commissioner, T.C. Memo. 2004-46; Estate of Stone v. Commissioner, T.C. Memo. 2003-309; Estate of Strangi v. Commissioner, T.C. Memo. 2003-145; Estate of Harper v. Commissioner, T.C. Memo. 2002-121. Hence, in evaluating whether decedent’s transfers to Schutt I and II are properly characterized as bona fide sales, thePage: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
Last modified: May 25, 2011