Estate of Wayne C. Bongard, Deceased, James A. Bernards, Personal Representative - Page 97

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               decedent’s children.  The letter expressed some reasons                
               for forming WCB Holdings and BFLP.  The letter                         
               explained that the entities provided, among other                      
               things, a method for giving assets to decedent’s family                
               members without deterring them from working hard and                   
               becoming educated, protection of his estate from                       
               frivolous lawsuits and creditors, greater flexibility                  
               than trusts, a means to limit expenses if any lawsuits                 
               should arise, tutelage with respect to managing the                    
               family’s assets, and tax benefits with respect to                      
               transfer taxes.                                                        
          Mr. Fullmer was decedent’s estate planning attorney, see majority           
          op. p. 12, and among the reasons set forth by decedent for                  
          forming WCB Holdings, LLC (WCB Holdings) and the Bongard Family             
          Limited Partnership (BFLP) are family gifts and the achievement             
          of transfer tax benefits (read, “savings”).  The transfer tax               
          savings result from the loss in value (giving rise to a valuation           
          discount) that petitioner claims accompanied decedent’s                     
          sequential packaging of (1) his Empak, Inc. (Empak), stock in WCB           
          Holdings and (2) his WCH Holdings Class B units in BFLP.  The               
          lost value, of course, was not beyond reclamation:  It would be             
          restored if BFLP and WCB Holdings were unpacked, which seems                
          likely once decedent’s interests in the two entities passed                 
          through decedent’s estate and the Empak shares became more                  
          liquid.  The transfer tax savings that decedent admitted were his           
          objective thus serve only to increase by the amount of those                
          savings (less, of course, transaction costs, such as lawyer’s               
          fees) the size of decedent’s estate passing into the hands of his           
          heirs.  The achievement of transfer tax savings evidences                   






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