- 23 - KPLP; rather, Austin and Edna formed KPLP in order to make a testamentary transfer of their assets to their sons at a discounted value while still having access to the income from those assets for their lifetime. Instead of retaining assets sufficient to provide the income they would need as their medical expenses grew, Austin and Edna used KPLP in an attempt to insulate all of their income-producing assets from the estate tax. As a result, we find that the transfer of Austin’s and Edna’s assets to KPLP was not a bona fide sale for full and adequate consideration. Therefore, section 2036(a)(1) applies to the KPLP assets that were contributed by Austin and Edna. Given this conclusion, we need not address respondent’s argument for inclusion under sections 2036(a)(2) and 2038. KPLP’s assets were contributed as follows: Edna Austin Korby sons Living Trust Total 38.26 58.46 1.28 2.00 100.00 The parties agree that if section 2036 applies to the assets contributed to KPLP by Austin and Edna, 58.46 percent of KPLP’s value should be included in Austin’s gross estate and 38.26 percent of KPLP’s value should be included in Edna’s gross estate.8 In calculating the values of the KPLP assets at 8This 58.46-percent portion of KPLP’s value is includable in Austin’s gross estate in addition to the 2-percent KPLP general partnership interest held by the living trust, which the estate does not dispute is included in Austin’s gross estate under sec. (continued...)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