Estate of Concetta H. Rector, Deceased, John M. Rector, II, Co-Executor and Co-Trustee - Page 24




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          agreement contemplated that more than one partner would                     
          contribute property to RLP but that decedent and her sons never             
          intended that anyone other than her (or her, through her                    
          revocable trust) would actually contribute property to RLP.                 
               As to the need for a significant nontax business purpose, we           
          inquire whether the transfer of assets to RLP was reasonably                
          likely to serve such a purpose at its inception.  See Strangi v.            
          Commissioner, 417 F.3d 468, 480 (5th Cir. 2005), affg. T.C. Memo.           
          2003-145.  The estate asserts that the motivation behind the                
          formation of RLP was the desire to benefit from estate tax                  
          savings, the ability to give away partnership interests, the need           
          to protect decedent’s assets from her creditors, and the desire             
          to diversify decedent’s assets.  We disagree with the estate that           
          decedent had the requisite purpose when she transferred her                 
          assets to RLP.  The estate’s stated goal of gift-giving is a                
          testamentary purpose and is not a significant nontax business               
          purpose.  See Estate of Bigelow v. Commissioner, supra; see also            
          Estate of Schauerhamer v. Commissioner, T.C. Memo. 1997-242.  Nor           
          is the estate’s stated goal of efficiently managing assets such a           
          purpose, given the lack of evidence that RLP required any special           
          kind of active management.  See Estate of Bigelow v.                        
          Commissioner, supra.  The protection of assets against creditors            
          also is not such a purpose in that the record does not establish            






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