-22- receive a greater rate of interest than if they had each bought a CD in the amount of the individual gifts. Pledging the CD's as security for Jack's guarantee benefited decedent by lowering her cost of borrowing. When Jack executed the loan agreement on behalf of decedent, he negotiated the rate of interest that the bank would charge for the loan with the bank's representative, Mr. Marshall Wellborn (Wellborn). Wellborn and Jack were friends, and the bank regarded the Holland family as a valuable account. Accordingly, the bank accepted Jack's strategy to make the loan "self-funding" by accepting his pledge of the CD as security for his guarantee. The interest rate on a self-funded loan was only 1-� percent above the interest rate paid on the $120,000 CD. First National did not require the CD to be pledged for it to make the loan; however, without the pledge the interest rate on the loan would have been higher. Therefore, the purpose of pledging the CD as security for Jack's guarantee of decedent's unsecured loan was to reduce decedent's cost of borrowing. Decedent paid the interest on the loans when it became due, and the donees received the interest paid each month by First National on the CD's. Each year, Jack issued a Form 1099 to each donee reporting the amount of interest paid, and each of the Weinstock Trusts filed Federal and State income tax returns for 1985, 1986, 1987, 1988, and 1989, reporting the interest received on the CD's.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011