-46- subject of each prior gift. Feldman also testified that placing the assets in the LRFLP allowed the general partners to invest with fewer fiduciary restrictions than through the Lillie Investment Trust. Upon further questioning, however, Feldman conceded that the general partners’ investments through the LRFLP were not in fact more liberal than had been made through the Lillie Investment Trust and that the trust document could easily have been rewritten to give the cotrustees powers similar to those set forth in the LRFLP agreement. Second, as to petitioners’ claim that the LRFLP was formed to limit decedent’s liability, i.e., to protect her assets from her creditors, petitioners have not persuaded us that the LRFLP was likely to provide more meaningful creditor protection than the Lillie Investment Trust would have provided. As we understand petitioners’ factual position as to this claim, the LRFLP was formed so that someone could not sue decedent and foreclose on her assets for payment of a judgment against her. From a factual point of view, however, the record is devoid of persuasive evidence that the LRFLP was formed with any such intent. Nor do we find that Feldman informed either of decedent’s children, before they signed the LRFLP agreement, that the LRFLP was meant to limit the liability of decedent or any other limited partner. Indeed, Feldman testified that before the LRFLP was formed, he never discussed with decedent’s daughter orPage: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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