- 87 - dissent and to emphasize certain of the reasons for Judge Foley’s dissent. I disagree with the following characterization by the majority opinion of what petitioners transferred to CFT under the assignment agreement: “By way of the assignment agreement, petitioners transferred to CFT the right to a portion of the gifted interest.” Majority op. p. 61 (emphasis added). Under the assignment agreement, petitioners did not transfer to CFT merely “the right to” a specified portion of the gifted interest. On January 12, 1996, petitioners transferred to CFT the portion of the gifted interest described in that agreement. In other words, on that date, petitioners transferred to CFT that portion, if any, of the 82.33369836-percent assignee interest in MIL remaining after the respective transfers under the assignment agreement to petitioners’ children, the trusts, and the Symphony; i.e., that portion of such assignee interest having a fair market value as of the date of that agreement in excess of $7,044,933. I also disagree with the position of the majority opinion, see majority op. pp. 61-65, that under the assignment agreement petitioners transferred to CFT a 3.62376573-percent assignee interest in MIL. The 3.62376573-percent assignee interest was set forth in the confirmation agreement that was executed in March 1996. The majority opinion does not mention the confirmation agreement but nevertheless requires that agreementPage: Previous 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 Next
Last modified: May 25, 2011