Rhett Rance Smith and Alice Avila Smith, et al. - Page 8




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          Partnership Interest.  Each agreement provided that upon the death          
          of the later to die of the couple, CCF had the right to require             
          the trustee to buy CCF’s entire limited partnership interest.               
          Similarly, the trust could require CCF to sell its interest to the          
          trustee.  CCF or the trust could exercise the right to buy or sell          
          within “sixty * * * days from the date the * * * [trust] collects           
          the death benefits” from a specified life insurance policy.  It             
          was intended that the sale or purchase transaction be funded by a           
          life insurance policy.                                                      
               Sometime later, Attorney Kelley left the United States, and            
          petitioners hired Attorney Frederick Meyer (Attorney Meyer).                
          Attorney Meyer conducted a review of petitioners’ documents,                
          including wills, family limited partnerships, and insurance                 
          trusts, and he discovered what he considered to be inadequacies.            
          Attorney Meyer believed that the partnership agreements should              
          reflect a fiduciary duty to the charity and an obligation to share          
          cashflow with the charity.  Edward Kramer (Mr. Kramer),                     
          petitioners’ certified public accountant (C.P.A.), and Rance did            
          not believe this was necessary but reluctantly agreed to make the           
          changes.  In 1997 the limited partnership agreements were revised           
          to accommodate the recommended changes.  Petitioners did not rely           
          on Attorney Meyer with respect to valuation questions.  They                
          relied on Mr. Kramer to take care of valuing the partnership                








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