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