-37- 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.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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