- 68 - 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).Page: Previous 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 NextLast modified: November 10, 2007