-49- Fiesta Invs., LLC (In re Ehmann), 319 Bankr. 200 (Bankr. D. Ariz. 2005). Third, as to petitioners’ claim that the LRFLP was formed to facilitate decedent’s gift giving and to preserve the value of her gifts, even if gift giving were an actual reason for the LRFLP’s formation, it is not a significant nontax purpose that could characterize the transfer of decedent’s assets to the LRFLP as a bona fide sale.23 See Estate of Thompson v. Commissioner, 382 F.3d 369, 373-374, 379; Estate of Bigelow v. Commissioner, T.C. Memo. 2005-65; cf. Estate of Bongard v. Commissioner, 124 T.C. at 126-127. While petitioners also assert on brief that the LRFLP was formed to avoid the burdens and costs associated with giving individual assets to each of the donees, we are unpersuaded by this assertion. Petitioners did not include this assertion in their issues memorandum as a reason for forming the LRFLP, and it appears to be nothing more than an after-the-fact 23 We note for completeness that we disagree with petitioners’ claim that gift giving was an actual reason for the formation of the LRFLP. In fact, it appears to us that the making of gifts was made harder after that formation. Before the LRFLP was formed, decedent received monthly brokerage statements that listed the value of the stocks and bonds held at the brokerage firm. Afterwards, any gift of a limited partnership interest had to be appraised for Federal tax purposes, a process that most likely is more time consuming and expensive than valuing the stocks and bonds directly. Such is especially so given that the appraisal of the limited partnership interests would almost always include discounts for lack of control and lack of marketability and that the valuation of discounts is a subject on which taxpayers and the Commissioner may reasonably disagree.Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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