- 20 - property transferred. See, e.g., Estate of Thompson v. Commissioner, 382 F.3d 367 (3d Cir. 2004), affg. T.C. Memo. 2002- 246; Kimbell v. United States, 371 F.3d 257, 258 (5th Cir. 2004). The objective evidence must indicate that the nontax reason was a significant factor that motivated the partnership’s creation. See Estate of Harper v. Commissioner, T.C. Memo. 2002-121; Estate of Harrison v. Commissioner, T.C. Memo. 1987-8. A significant purpose must be an actual motivation, not a theoretical justification. The facts and circumstances of each case must be examined in order to determine whether the bona fide sale exception has been met. Certain factors indicate that a bona fide sale has not occurred. Factors that support a finding that a sale was not bona fide are: (1) The taxpayer’s standing on both sides of the transaction, Estate of Hillgren v. Commissioner, T.C. Memo. 2004- 46; (2) the taxpayer’s financial dependence on distributions from the partnership, Estate of Thompson v. Commissioner, supra; Estate of Harper v. Commissioner, supra; (3) the partners’ commingling of partnership funds with their own, Estate of Thompson v. Commissioner, supra, and (4) the taxpayer’s failure to actually transfer the property to the partnership, Estate of Hillgren v. Commissioner, supra. Austin formed KPLP with the help of his estate lawyer but without the involvement of his sons, who were each to be 24.5-Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011