-23- 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 ofPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NextLast modified: November 10, 2007