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GOEKE, Judge: Respondent determined a $52,878,785 Federal
estate tax deficiency against the Estate of Wayne C. Bongard (the
estate). After concessions and stipulations, two issues remain
for decision: First, whether the shares of Empak, Inc. (Empak),
decedent transferred to WCB Holdings, LLC. (WCB Holdings), are
included in his gross estate pursuant to sections 2035(a)1 and
2036(a) and (b); and second, whether the WCB Holdings membership
units decedent transferred to the Bongard Family Limited
Partnership (BFLP) are included in his gross estate under
sections 2035(a) and 2036(a). The resolution of these issues
depends on the applicability of section 2036(a) to decedent’s
respective transfers of Empak stock to WCB Holdings and of WCB
Holdings membership units to BFLP.
FINDINGS OF FACT
Many of the facts have been stipulated. The stipulation of
facts, stipulation of settled issues, and attached exhibits are
incorporated herein by this reference.
Decedent resided in Minnesota on November 16, 1998, the date
of his death. On December 9, 1998, the First Judicial District
Court, Probate Court Division, Carver County, Minnesota,
appointed James A. Bernards (Mr. Bernards) personal
1Unless otherwise indicated, all section references are to
the Internal Revenue Code, and all Rule references are to the Tax
Court Rules of Practice and Procedure. Dollar amounts are
generally rounded to the nearest dollar.
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