Johnson Estate is case dealing with joint bank accounts decided by the Orphans Court of Philadelphia. The Court found that there was no clear and convincing evidence that the joint bank account was not intended. Also the Court explained that the party seeking to eliminate the joint account has the burden of proof under the Pennsylvania Multiple Party Accounts Act, and that this burden of proof under the statute has changed the common law rule which provided that proof of a confidental relationship shifted the burden to the survivor of the account. The Court found that no confidential relatonship existed as there was a lack of evidence that the parties did not deal on equal terms as there was no evidence of overmastering of influence, or dependance on one side. 30, 2d Fiduciary Reporter 249.
In the Estate of Black,133 TC No.15, the Tax Court found for the taxpayer even though the family limited partnership did not conduct an active trade or business as the following factors where present: proportionate interests were distributed to the partnership contributors; the assets contributed were properly credited to the contributor’s capital account; it was a legitimate and significant nontax reason for formation of the entity; the decedent kept sufficient assets outside the partnership; and the partnership was administered correctly.
In a Tax Court Memorandum, TCM 2010-2, the Tax Court held that gifts of interests to a family limited partnership did not qualify for the annual gift tax exclusion. The Court pointed out that the following are needed for such a transfer to enjoy the exclusion: the partnership would generate income at or near the time of the gifts; some portion of the income would steadily flow to the donees; and the portion of income flowing to donees can be readily ascertained.