John E. Wall - Page 3




                                        - 3 -                                         

                                  FINDINGS OF FACT                                    
               Petitioners resided in Madison, Wisconsin, when they filed             
          the petitions in the cases at hand.                                         
               Demco, Inc. (Demco), is a Wisconsin corporation that has               
          elected to be an S corporation for Federal income tax purposes.             
               Mr. Wall was Demco’s sole stockholder immediately before the           
          gifts in issue.  He owned all 1,200 issued and outstanding shares           
          of Demco’s voting common stock and all 12,000 issued and                    
          outstanding shares of Demco’s nonvoting common stock.                       
               On January 1, 1992, Mr. Wall (as grantor) and Michael O.               
          Hartz (as trustee) created two irrevocable trusts for the benefit           
          of each of Mr. Wall’s 10 children.  Of these 20 trusts, 10 were             
          known as “annual exclusion” trusts, and 10 were known as                    
          “nonvoting stock” trusts.                                                   
               Also on January 1, 1992, Mr. Wall gave 443 shares of his               
          Demco nonvoting common stock to each of the annual exclusion                
          trusts and 495 shares of his Demco nonvoting common stock to each           
          of the nonvoting stock trusts.  As a result of these                        
          transactions, Mr. Wall gave 938 shares of the Demco nonvoting               
          common stock to trusts for the benefit of each of his 10                    
          children, for total gifts of 9,380 shares (collectively, the                
          gifts).                                                                     









Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011