Charles T. McCord, Jr. and Mary S. McCord, Donors - Page 105

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          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 agreement             






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