Estate of Edna Korby - Page 20

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               B.   The Bona Fide Sale Exception                                      
               Having concluded that Austin and Edna retained the enjoyment           
          of and right to income from the assets they transferred to KPLP,            
          we must now determine whether section 2036 is nonetheless                   
          inapplicable as a result of the bona fide sale exception.  We               
          recently held in Estate of Bongard v. Commissioner, 124 T.C.    ,           
          ___ (2005) (slip. op. at 39), that in the context of family                 
          limited partnerships, the bona fide sale exception is met where             
          the record establishes the existence of a legitimate and                    
          significant nontax reason for the transfer, and the transferors             
          received partnership interests proportionate to the value of the            
          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               






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