Estate of Lillie Rosen, Deceased, Ilene Field and Herbert Silver, Co-Personal Representatives - Page 44

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          Commissioner, T.C. Memo. 2005-102; Estate of Harper v.                      
          Commissioner, T.C. Memo. 2002-121.                                          
               Sixth, the assets that were contributed to the LRFLP                   
          consisted solely of marketable securities and cash.  For the most           
          part, the assets of the LRFLP appear not to have been traded by             
          the LRFLP, which, in part, explains the minimal capital gain                
          income and loss reported by the LRFLP.  As the Court of Appeals             
          for the Third Circuit has suggested, the mere holding of an                 
          untraded portfolio of marketable securities weighs against the              
          finding of a nontax benefit for a transfer of that portfolio to a           
          family entity.  See Estate of Thompson v. Commissioner, supra at            
          380.  This Court also has agreed with that principle in cases               
          where, as here, the securities were contributed almost                      
          exclusively by one person.  See Estate of Strangi v.                        
          Commissioner, T.C. Memo. 2003-145; Estate of Harper v.                      
          Commissioner, supra.                                                        
               Seventh, we note decedent’s age and health when the LRFLP              
          was formed.  In 1994, 2 years before the LRFLP agreement was                
          signed, decedent was suffering from dementia and Alzheimer’s                
          disease.  As of the beginning of 1994, she also had retained a              
          caretaker to assist her 24 hours a day.  The fact that decedent             
          was 88 years old and in failing health strongly supports our                
          finding that the transfer of the assets was purely for the                  
          purpose of avoiding Federal estate and gift taxes.  Accord Estate           






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