Estate of Wayne C. Bongard, Deceased, James A. Bernards, Personal Representative - Page 70

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               Estate tax savings did play an important role in motivating            
          the transfer to BFLP.  The record does not support that the                 
          nontax reasons for BFLP’s existence were significant motivating             
          factors.  The formation of WCB Holdings eliminated direct stock             
          ownership in Empak and allowed decedent to make gifts without               
          diversifying the direct ownership of Empak.  Messrs. Fullmer and            
          Bernards testified that an impetus for forming BFLP was to                  
          continue decedent’s gift giving.  Decedent, in fact, made                   
          numerous gifts after the formation of BFLP, but not of his BFLP             
          interest.  All of the gifts decedent made were of WCB Holdings              
          class A membership units, except for the 7.72-percent limited               
          partnership interest he gave to Cynthia Bongard in 1997.  At the            
          time of BFLP’s formation and at the time of his death, any                  
          additional gifts decedent had contemplated were speculative and             
          indefinite at best.  There was no immediate or definite plan for            
          such gifts.  Such intent is not sufficient to establish that the            
          transfer of membership units to BFLP was motivated by a                     
          significant nontax reason.                                                  
               Decedent and Cynthia Bongard entered into a postmarital                
          agreement on December 10, 1997.  For a postmarital agreement to             
          be valid under Minnesota Statutes section 519.11 (West 1990 &               
          Supp. 2004), in effect at the time the agreement was entered                
          into, each spouse needed to have titled in that spouse’s name               
          property with a total net value exceeding $1,200,000.  Attached             






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