Estate of Hilde E. Erickson, Deceased, Donor, Karen E. Lange, Personal Representative - Page 24




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          the investment in the assets, a mere asset container.  Estate of            
          Rosen v. Commissioner, T.C. Memo. 2006-115; Estate of Harper v.             
          Commissioner, T.C. Memo. 2002-121.                                          
               We now examine both the estate’s asserted nontax purposes              
          for forming the Partnership and the objective facts.  While                 
          Sigrid admitted at trial that the estate tax advantage of                   
          obtaining a decreased fair market value of Mrs. Erickson’s assets           
          was certainly a motivating factor, the estate asserts several               
          possible nontax reasons for forming the Partnership.                        
               First, the estate argues that forming the Partnership                  
          allowed the family to centralize the management of the family               
          assets and give the management responsibilities to Karen.  We               
          note, however, that Karen already had significant management                
          responsibilities with respect to family assets before the                   
          Partnership was formed.  In fact, Karen had held Mrs. Erickson’s            
          power of attorney since 1987.  It is not clear from the record              
          what advantage the family members believed they would receive               
          through another layer of “centralized management” of these                  
          assets.5  Second, the estate argues that the Partnership afforded           
          greater creditor protection.  A creditor who sought funds from              


               5The estate does not argue, and we do not find, that the               
          family members decided to form the Partnership to manage Mrs.               
          Erickson’s assets after her diagnosis of Alzheimer’s disease.               
          Karen had already managed Mrs. Erickson’s financial affairs for             
          many years before the diagnosis by serving as attorney-in-fact              
          under a durable power of attorney.                                          





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