- 24 - 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 establishPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NextLast modified: March 27, 2008