- 54 - to the postmarital agreement was Cynthia Bongard’s financial statement, which included the value of her interest in BFLP and QTIP Trust. QTIP Trust was funded by decedent’s giving it WCB Holdings class A membership units on March 15, 1997. Decedent’s gift of a small portion of his BFLP interest to his wife does not establish that his prior transfer of all of his class B membership units to BFLP had a significant nontax motive. Decedent’s gift of the 7.72-percent BFLP interest to Cynthia Bongard does not establish a significant nontax reason for decedent to transfer all 4,621,166 WCB Holdings class B membership units he owned to BFLP. The motive for the transfer of all of decedent’s class B membership units to BFLP was not to fund the postmarital agreement. Rather, decedent used part of his BFLP interest to fund the postmarital agreement simply because that was where the assets rested when the agreement was completed. The vast majority of decedent’s BFLP interest was never transferred in the almost 2 years before his death. The estate’s credit protection argument is also unpersuasive because WCB Holdings served this function for decedent. In fact, decedent via letter stated that “by holding a majority of my assets in the limited liability company or the limited partnership, I will be providing a greater amount of protection for those assets from both creditors and lawsuits.” Decedent contributed his Empak stock to WCB Holdings in exchange for WCBPage: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
Last modified: May 25, 2011