Estate of Hilde E. Erickson, Deceased, Donor, Karen E. Lange, Personal Representative - Page 23




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               We begin by examining whether the estate has proven that the           
          Partnership was formed for a legitimate and significant nontax              
          purpose.  The nontax reason for forming the partnership must have           
          been a significant factor and must be established by objective              
          evidence.  Id.  The purpose must be the actual motivation, not              
          simply a theoretical justification.  Id.                                    
               We have identified several factors indicating that a                   
          transaction was not motivated by a legitimate and significant               
          nontax purpose.  Id.  These factors include the taxpayer’s                  
          standing on both sides of the transaction, the taxpayer’s                   
          financial dependence on distributions from the partnership, the             
          partners’ commingling of partnership funds with their own, and              
          the taxpayer’s actual failure to transfer money to the                      
          partnership.  Id. at 118-119.                                               
               We have found a significant nontax purpose where the                   
          justification for the transaction was the decedent’s personal               
          views and concerns regarding the operation of an income-producing           
          activity and not a business exigency.  See Estate of Schutt v.              
          Commissioner, T.C. Memo. 2005-126 (family limited partnership had           
          a significant nontax purpose of facilitating the decedent’s buy             
          and hold investment strategy and assuaging the decedent’s worry             
          that his heirs would sell his investments after his death).                 
          There is no significant nontax purpose, however, where a family             
          limited partnership is just a vehicle for changing the form of              







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Last modified: November 10, 2007