- 21 - 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 hePage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011