Estate of Sylvia Gore, Donor, Deceased, Pamela Powell, Personal Representative - Page 68




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          bargaining or negotiating because the seller and the purchaser              
          were the same person.  Cf. Estate of Stone v. Commissioner, supra           
          (transfers to family partnerships were arm’s-length transactions            
          because each member of family was represented by independent                
          counsel and transfers were motivated primarily by investment and            
          business concerns).                                                         
               Decedent’s transfer also was not made for full and adequate            
          consideration.  Decedent’s receipt of a partnership interest is             
          not full and adequate consideration within the meaning of section           
          2036 because decedent used GFLP merely as a vehicle for changing            
          the form in which she held her interest in the Marital Fund                 
          assets.  See Estate of Thompson v. Commissioner, T.C. Memo. 2002-           
          246.  Decedent’s transfer represents a circuitous “recycling of             
          value” because no change was made to the underlying pool of                 
          assets; no one other than decedent made contributions of property           
          or services in the interest of true joint ownership or                      
          enterprise.  See Estate of Harper v. Commissioner, supra.  The              
          value of decedent’s interest in GFLP is derived exclusively from            
          the assets that decedent allegedly contributed to GFLP.  Under              
          these facts, decedent did not engage in any bona fide transaction           
          for consideration upon the creation and funding of GFLP.                    
          Accordingly, petitioner is not entitled to rely on the exception            
          under section 2036(a).                                                      








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