- 7 - cash bequests totaling $30,565,000 in May 1998. GIC borrowed $30,565,000, which the estate borrowed from GIC to pay the cash bequests. GIC and the estate were illiquid at that time. Several months after decedent died in 1998, Bergreen arranged for a $90 million line of credit so GIC could consolidate loans to help sell the GIC businesses. GIC and the estate were still illiquid in October 1998. On October 3, 1998, GIC borrowed $6 million, which it gave to the estate to pay some of its Federal and State estate taxes. 2. Transfer of GIC Stock, Assets, and Liabilities to HG and HG Subsidiaries Late in 1998, Bergreen received tax advice that, by transferring stock, assets, liabilities, and businesses of GIC and its subsidiaries from the estate to a newly organized limited liability company and its subsidiaries through a series of mergers tax free under section 368 (the restructuring), the estate could save $160 million in capital gains tax that would result if the estate sold GIC’s assets and businesses. To accomplish those tax savings, (1) the restructuring had to be completed before January 28, 1999, see sec. 1.337(d)-4(e), Income Tax Regs.; and (2) Gilman Building Products could not be sold for 5 years because of the continuity of business requirement, see sec. 1.368-1(d), Income Tax Regs.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