Estate of Lillie Rosen, Deceased, Ilene Field and Herbert Silver, Co-Personal Representatives - Page 37

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               Petitioners assert as to the first prong that the LRFLP                
               was formed for four legitimate and significant nontax                  
               purposes, beyond estate tax savings:  (1) to protect                   
               the decedent’s assets during her lifetime, and,                        
               ultimately, to provide limited liability protection to                 
               the donees of the limited partnership interests; (2) to                
               create giftable assets that preserve value and cannot                  
               be easily liquidated in the short-term, (3) to                         
               facilitate Decedent’s annual gifting program to her                    
               family; and (4) to provide for the common management of                
               the LRFLP’s assets during the decedent’s lifetime and                  
               after her death.                                                       
          The credible evidence at hand does not support this assertion to            
          the extent that it relates to forming the LRFLP for a reason                
          other than the avoidance of Federal estate (and gift) tax.18  As            
          an initial matter, petitioner’s issues memorandum lists only the            
          following reason for forming the LRFLP:  “[T]o have a family                
          business of making, protecting, enhancing, and investing in the             
          partnership’s assets.  This included trading, acquiring,                    
          disposing or investing in securities on behalf of the                       
          partnership’s partners.”  In order to qualify as a “legitimate              
          and significant nontax reason” within the meaning of Estate of              
          Bongard v. Commissioner, supra at 118, we must find that the                
          reason was an important one that actually motivated the formation           
          of that partnership from a business point of view.  See id.  The            




               18 Petitioners concede on brief that the LRFLP was formed to           
          reduce the value of decedent’s gross estate for Federal estate              
          tax purposes and to avoid paying Federal estate tax on the amount           
          of the reduction.                                                           





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