Rhett Rance Smith and Alice Avila Smith, et al. - Page 40




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          like that of the taxpayers in Hewitt v. Commissioner, 109 T.C.              
          258 (1997).                                                                 
               Petitioners, during 1995, consulted with Attorney Kelley               
          concerning income and estate tax planning.  Attorney Kelley                 
          directed and assisted petitioners in setting up an FLP for each             
          couple.  Each couple also established a corporation to be the               
          general partner of their FLP, and the individuals were made the             
          limited partners of their respective partnerships.  The general             
          partner (the controlled corporation of each couple) had operating           
          authority over each FLP.  A limited partner’s interest could not            
          be transferred without permission of all other partners in the              
          FLP.  Each couple contributed their Beneco stock, along with                
          other assets, to their FLP in 1995.                                         
               Attorney Kelley assisted petitioners with their donations of           
          interests in their limited partnerships to CCF.  CCF anticipated            
          that petitioners would make gifts of interests in the FLPs in               
          1995 and in future years.  It was understood that the transferred           
          FLP interests would be reacquired from CCF (or other charitable             
          donee), and irrevocable life insurance trusts were created that             
          would be used to fund the reacquisition of the contributed                  
          interest upon each donor’s death.                                           
               At the time of the contributions of the FLP interests, CCF,            
          and later Crossmen Ministries, received FLP interests that could            
          not be transferred without petitioners’ and their wholly owned              







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