Estate of Lillie Rosen, Deceased, Ilene Field and Herbert Silver, Co-Personal Representatives - Page 46

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          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 or            






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