Estate of Wayne C. Bongard, Deceased, James A. Bernards, Personal Representative - Page 71

                                        - 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 WCB             






Page:  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