Estate of Wayne C. Bongard, Deceased, James A. Bernards, Personal Representative - Page 60

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          contributed marketable securities to the partnerships, but the              
          partnerships failed to sell or diversify them.  Other than                  
          favorable estate tax treatment resulting from this change in                
          form, the court was unable to identify a legitimate and                     
          significant nontax reason for the transfer.  See id. at 380.  The           
          court therefore held that there was no adequate consideration               
          within the meaning of section 2036(a).                                      
               The Court of Appeals also concluded that the decedent’s                
          transfers to the family limited partnerships did not constitute             
          bona fide sales within the meaning of section 2036(a).  The Third           
          Circuit noted that it is important to scrutinize the substance of           
          an intrafamily transaction because “‘the family relationship                
          often makes it possible for one to shift tax incidence by surface           
          changes of ownership without disturbing in the least his dominion           
          and control over the subject of the gift or the purposes for                
          which the income from the property is used.’”  Id. at 382                   
          (quoting Commissioner v. Culbertson, 337 U.S. 733 (1949)).                  
               C.  Decedent’s Transfer of Empak Stock to WCB Holdings                 
               Respondent contends that decedent’s transfer of Empak stock            
          to WCB Holdings was not a bona fide sale for adequate and full              
          consideration in money or money’s worth.  The estate’s position             
          is that decedent’s transfer of Empak stock to WCB Holdings was a            
          bona fide sale for adequate and full consideration.  As stated              
          above, a finding to that effect would preclude the application of           






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