Estate of Edna Korby - Page 21

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          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-              
          percent owners through trusts and who each signed the KPLP                  
          agreement.  Austin alone decided which of his and Edna’s assets             
          would be contributed to KPLP, the terms of the KPLP agreement,              
          that the living trust would receive management fees as general              
          partner, and whether the limited partners would receive any                 
          distributions.  In his testimony, Dennis was unfamiliar with the            
          terms of the KPLP agreement.  He thought its terms were followed            
          at all times but was unsure how the management fees were to be              
          determined.  Gary Korby, one of Dennis’s brothers, testified that           
          he was not aware that his father received management fees from              
          KPLP, that he was not represented in the formation of KPLP, and             
          that he did not know how he acquired his interest in KPLP,                  
          whether by gift or otherwise.  He also testified that although he           






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