Estate of Wayne C. Bongard, Deceased, James A. Bernards, Personal Representative - Page 41

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          Decedent did not report this gift on his gift tax return filed              
          for taxable year 1997, as the marital gift tax exclusion was                
          applicable.  Cynthia Bongard and decedent entered into a                    
          postmarital agreement contemporaneously with the transfer.  This            
          agreement was “in full discharge, settlement, and satisfaction of           
          all such rights and claims [either spouse may have possessed                
          against the other], in the event of the termination of their                
          marital relationship or after the death of the first of them to             
          die”.                                                                       
               E.   Purpose and Function of BFLP                                      
               From its inception until decedent’s death, BFLP did not                
          perform any activities, never acted to diversify its assets, or             
          make any distributions.  The WCB Holdings membership units in               
          BFLP were nonvoting, and decedent determined whether the Empak              
          shares held by WCB Holdings would be redeemed.  WCB Holdings did            
          not redeem any of its class B membership units held by BFLP                 
          before decedent’s death.                                                    
               F.  1998 ISA Trust Distribution                                        
               In early 1998, decedent suggested that ISA Trust make                  
          distributions to each of his children to see how maturely they              
          would handle the funds.  A series of transactions occurred in               
          which Empak redeemed 52,924 of its outstanding shares from WCB              
          Holdings, and WCB Holdings then redeemed 21,345 of its class A              
          and class B financial units from ISA Trust.  This redemption                






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