-41- Second, the partners of the LRFLP did not negotiate or set any of the terms of the LRFLP, and decedent’s daughter (as decedent’s attorney-in-fact, cotrustee of the Lillie Investment Trust, and general partner of the LRFLP) stood on all sides of the transaction. See Estate of Strangi v. Commissioner, 417 F.3d 468 (5th Cir. 2005); Estate of Hillgren v. Commissioner, T.C. Memo. 2004-46; Estate of Harper v. Commissioner, supra. Feldman singlehandedly set up everything connected with the LRFLP without first discussing the matter with any of the partners. See Estate of Harper v. Commissioner, supra; Estate of Korby v. Commissioner, T.C. Memo. 2005-103; Estate of Korby v. Commissioner, T.C. Memo. 2005-102. He decided who should be the general and limited partners and how much each partner would contribute to the LRFLP. He represented each initial partner in the formation of the LRFLP, and he chose the limited partnership form solely so that decedent or her estate could claim discounts on the proportionate values of the assets that were reflected in the partnership interests that were either the subject of gifts or included in decedent’s gross estate. As decedent’s daughter conceded at trial: Feldman “drew up the partnership agreement, and he was the one who told us what to do and how to do it.” Third, while the LRFLP agreement was signed on July 31, 1996, decedent did not make her initial contribution until October 11, 1996, and decedent’s children did not make theirPage: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
Last modified: May 25, 2011