T.C. Memo. 2012-157, Docket No. 26540-07, Filing date June 4, 2012, Judge Elizabeth Crewson Paris
The Tax court was tasked with determining if gifts of limited partnership interests transferred by the Decedent between 1996 and 2000 qualified for the Federal gift tax annual exclusion under § 2503(b).
Because the general partners followed their fiduciary duty and the partnership agreement, gifts of limited partnership interests in a family limited partnership were gifts of present interests, thereby qualifying them for the Federal gift tax annual exclusion and were not includable in the Decendent’s estate.