-36- decedent’s assets to the LRFLP was such a sale. We disagree. In the context of section 2036(a), a finding of “a bona fide sale for an adequate and full consideration in money or money’s worth” requires that “the transfer must have been made in good faith, and the price must have been an adequate and full equivalent reducible to a money value.” Sec. 20.2043-1(a), Estate Tax Regs. As this Court has recently stated, a transfer of assets to a family limited partnership may meet this requirement if the record establishes that: (1) The family limited partnership was formed for a legitimate and significant nontax reason and (2) each transferor received a partnership interest proportionate to the fair market value of the property transferred. See Estate of Bongard v. Commissioner, supra at 118; cf. Estate of Strangi v. Commissioner, supra at 479 (“the proper inquiry is whether the transfer in question was objectively likely to serve a substantial non-tax purpose”); Estate of Thompson v. Commissioner, 382 F.3d 367, 379-380 (3d Cir. 2004) (discussing the lack of “legitimate business operations” in concluding that a transfer to a family entity was not a bona fide sale), affg. T.C. Memo. 2002-246. After analyzing the record at hand in the light of the first prong of this test, we conclude that this test has not been met. Given this conclusion, we do not consider the second prong.Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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