- 23 - For this purpose, good faith requires that the transfer be made for a legitimate and significant nontax business purpose. See Estate of Bongard v. Commissioner, supra at 118; Estate of Rosen v. Commissioner, T.C. Memo. 2006-115. A transaction between family members is subject to heightened scrutiny to ensure that the transaction is not a disguised gift. See Estate of Bigelow v. Commissioner, supra at 969; Harwood v. Commissioner, 82 T.C. 239, 258 (1984), affd. without published opinion 786 F.2d 1174 (9th Cir. 1986). With respect to good faith in transactions between family members, this Court has considered whether “the terms of the transaction differed from those of two unrelated parties negotiating at arm’s length.” Estate of Bongard v. Commissioner, supra at 123. The parties’ actions during the formation of RLP contrast starkly with those that would be anticipated from unrelated parties forming a limited partnership. Decedent and her sons did not negotiate the terms of the RLP agreement, and they did not retain independent counsel. Decedent (through her revocable trust) made all contributions to RLP, and her contributions constituted the vast bulk of her wealth. RLP was formed with decedent and her revocable trust as the only partners. RLP was not actually funded until nearly 3 months after it was formed. We also note that the RLP partnershipPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NextLast modified: March 27, 2008