Estate of Wayne C. Bongard, Deceased, James A. Bernards, Personal Representative - Page 78

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          ownership interest in BFLP.  Because the partnership interest               
          decedent gave to Cynthia Bongard consisted of a portion of the              
          property that triggered the application of section 2036(a)(1) we            
          find that section 2035(a) is applicable to decedent’s transfer of           
          the 7.72-percent limited partnership interest in BFLP.  Thus,               
          decedent’s gross estate includes the value of the WCB Holdings              
          class B membership units held by BFLP on decedent’s death that is           
          proportionate to the 7.72-percent limited partnership interest.             
          V.  Discounts Applicable to Decedent’s Membership Units in WCB              
               Holdings                                                               
               The relevant part of section 2031 provides that any property           
          included in a decedent’s gross estate is included at its fair               
          market value.  See also sec. 20.2031-1(b), Estate Tax Regs.  The            
          parties stipulated that on the alternate valuation date, May 16,            
          1999, Empak’s stock per share value was $32.24.  This was used as           
          the starting point by the parties to determine the value of the             
          decedent’s interests in WCB Holdings and BFLP and was then                  
          decreased by stipulated discounts depending upon this Court’s               
          determinations regarding the application of section 2036.                   
               We apply the discounts provided by the parties in their                
          stipulation of settled issues with respect to the WCB Holdings              
          membership units.  If section 2036 was not applied to the                   
          transfers to WCB Holdings, the parties stipulated to a 13-percent           
          lack of control discount and a 17.5-percent lack of marketability           
          discount.  We are left to apply the stipulation to the value of             





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