Estate of Robert V. Schuler - Page 15




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          issue were not necessary for Jay to acquire control of Sigco.               
          Both before and after the transfers, Jody owned 100 percent of              
          the Minn-Kota voting stock and, therefore, controlled Minn-Kota;            
          acquiring control of Minn-Kota for Jody was not the purpose of              
          the transfers.                                                              
               A business purpose, if any, was not the primary motivation             
          for making the reciprocal transfers at issue.  It is an                     
          inescapable conclusion that decedent and his brother made the               
          circuitous transfers for the primary purpose of increasing the              
          number of exclusions under section 2503(b) that otherwise would             
          have been available to them.                                                
               In United States v. Estate of Grace, supra, the Supreme                
          Court held that application of the reciprocal trust doctrine                
          requires only that the trusts be interrelated, and requires that            
          the arrangement, to the extent of mutual value, leave the                   
          settlors in approximately the same economic position as they                
          would have been in had they created the trusts naming themselves            
          as life beneficiaries.  In concluding application of the                    
          reciprocal trust doctrine does not depend upon a finding that               
          each trust was created as a quid pro quo for the other, the                 
          Supreme Court stated:                                                       
                    We do not mean to say that the existence of                       
               "consideration," in the traditional legal sense of a                   
               bargained-for exchange, can [n]ever be relevant.  In                   
               certain cases, inquiries into a settlor's reasons for                  
               creating the trusts may be helpful in establishing the                 
               requisite link between the two trusts.  We only hold                   





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