-13- to meet its liabilities for estate and gift taxes. To obtain the funds necessary to meet the estate’s obligations, Karen engaged in two transactions. First, she sold Mrs. Erickson’s home to the Partnership for $123,500. Second, the Partnership gave Mrs. Erickson’s estate cash totaling $104,000. The parties characterized the $104,000 disbursement as a redemption of some of Mrs. Erickson’s partnership interests. Respondent’s Examination and Tax Court Proceedings Respondent examined the estate’s gift tax and estate tax returns and issued deficiency notices. The estate timely filed petitions, and the cases were consolidated. The parties have stipulated the fair market values of the assets Mrs. Erickson contributed to the Partnership and have stipulated the fair market values of the partnership interest Mrs. Erickson retained after making the grandchildren’s gifts of partnership interests. OPINION We are asked to decide whether the assets Mrs. Erickson transferred to the Partnership shortly before she died are included in her gross estate under section 2036.3 Respondent 3Respondent argues in the alternative that the gross estate includes the property transferred to the Partnership pursuant to sec. 2038. We find for respondent under sec. 2036 and therefore need not address respondent’s argument under sec. 2038. Respondent also makes two additional arguments in his opening brief, neither of which the estate addressed on brief. First, respondent argues that the gross estate includes the partnership interests that Karen, acting on behalf of Mrs. Erickson, (continued...)Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: November 10, 2007