Estate of Charles Porter Schutt, Deceased, Charles P. Schutt, Jr., and Henry I. Brown III, Co-Executors - Page 46

                                        -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, the                 






Page:  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