Estate of Wayne C. Bongard, Deceased, James A. Bernards, Personal Representative - Page 98

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          donative intent because such savings translate almost dollar for            
          dollar into the enhancement of the net value that decedent could            
          gratuitously transfer to family members.  Consequently, the                 
          transfers to WCB Holdings and BFLP (together, the transfers) were           
          not free of donative intent.  That being the case, the transfers            
          were not, in the terms of section 25.2512-8, Gift Tax Regs., made           
          in the ordinary course of business, and there is no presumption             
          that either the WCB Holdings membership units received by                   
          decedent for his Empak shares or the 99-percent limited                     
          partnership interest in BFLP received by decedent for his WCB               
          class B membership units constituted full consideration for those           
          transfers.  Id.                                                             
               Therefore, to establish that the transfers were for full               
          consideration, petitioner must, for each transfer, establish that           
          the value of the property transferred by decedent did not exceed            
          the cash value of the property received by him.  Id.  By the                
          explicit terms of section 25.2512-8, Gift Tax Regs., the                    
          resulting inquiry is limited to an economic calculus, and there             
          is no room for any inquiry as to the transferor’s (decedent’s)              
          state of mind.  Yet the majority makes his state of mind                    
          critical:                                                                   
               Decedent * * * received [an interest] in WCB Holdings                  
               proportionate to the number of Empak shares * * * [he]                 
               contributed.  Although by itself this may not be                       
               sufficient evidence to meet the adequate and full                      
               consideration requirement, two additional facts do                     
               support such a finding.  We have determined that the                   





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