-26- assets intended to assist Mrs. Erickson’s tax planning and benefit the family. While Karen and Sigrid discussed the Partnership before it was formed, the circumstances suggest that the Partnership was essentially formed unilaterally, with Karen controlling the transaction. Sigrid admitted at trial that she did not understand the particulars of the transaction, nor is there any credible evidence that Mrs. Erickson understood the transaction. Karen was on every side of the transaction. She acted as attorney-in-fact for her mother, she was the personal representative of her mother’s estate, she was both a general partner and a limited partner in the Partnership in her individual capacity, and she was a co-trustee of the credit trust, which was also a partner in the Partnership. Moreover, the same law firm represented all parties to the transaction. While retaining counsel to assist in an important transaction is entirely appropriate, the fact that no family member was represented by different counsel also suggests a unilateral approach to the transaction.6 Another key fact indicating that no significant nontax purpose existed was the delay in contributing assets to the 6Sigrid’s informal mention of the arrangement to an attorney friend is not probative. Sigrid admitted that their discussion was informal and that she never signed an engagement letter. Sigrid’s own testimony indicates that Sigrid’s friend was not acting as Sigrid’s attorney in the formation of the Partnership.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NextLast modified: November 10, 2007