- 18 - We accept Mr. Kenworthy’s testimony that money managers generally earn 1- to 1.5-percent management fees. However, the record shows that although KPLP held approximately 60 investments, Austin made only 6 sales or purchases between 1995 and 1998. Dennis testified that few trades were made because his parents had low bases in the investments, and KPLP would recognize significant income if they were sold. Given the plan to hold the investments in order to avoid tax, the degree of anticipated management of those assets would have been minimal. The only other management activity the estate claims Austin undertook was reading newspapers and periodicals daily. The living trust continued to receive the purported management fee income and use it to pay the Korbys’ expenses even after Dennis took over most of Austin’s duties managing KPLP’s assets in February 1997, as reported in the minutes of the partnership. During their lives, Austin and Edna never reported self- employment income from their purported management income; only after their deaths was the income treated as self-employment income, on an income tax return filed by Dennis. While we believe that Austin was skilled at managing his portfolio, the amount of work and time he committed to managing KPLP’s assets did not rise to the level that an independent money manager might have committed, and KPLP’s assets, under Austin’s own plan to avoid recognition of gain, required little management. While thePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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