United States Eighth Circuit

A tax court's decisions finding estate tax due from deceased parents' estates is affirmed where the tax court properly found that: 1) parents retained for their lives the right to the income from the assets transferred to a limited partnership; 2) a transfer to the limited partnership did not satisfy the 26 U.S.C. section 2036(a) exception for bona fide sales for adequate consideration; and 3) the Commissioner of Internal Revenue did not admit that parents lacked control over the limited partnership assets.

Appellate Information

• Decided 12/08/2006
• Published 12/08/2006

Judges

• BYE, Circuit Judge., Before ARNOLD, BYE, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James A. Beitz, argued, David W. Johnson, Hagerty & Johnson, Minneapolis, MN, for appellants.


• For Appellees:
  
• Jonathan S. Cohen, Michael J. Haungs, argued, Eileen J. O'Connor, John A. Nolet, U.S. Dept. of Justice, Tax Division, Washington, DC, for appellee.