Estate of Wayne C. Bongard, Deceased, James A. Bernards, Personal Representative - Page 106

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          strictly by self-interest and are free from donative intent.                
          They have agreed to form a partnership that they believe will               
          serve as a vehicle for the delivery of F’s property to them and             
          their children through a process whereby the transfer tax cost of           
          the delivery will be substantially reduced through various                  
          valuation discounts.  They agree to suffer a temporary loss of              
          independence and control (and perhaps some loss of fair market              
          value) in order to facilitate the reduction of transfer tax, the            
          burden of which ultimately would fall on them.  For them, the               
          transfers are motivated by an acquisitive motive, not a donative            
          motive.  They make no gifts because they are deemed to have                 
          received full value under the ordinary-course-of-business test              
          found in section 25.2512-8, Gift Tax Regs.                                  
               So long as it can be shown that F’s contribution was not               
          free of donative intent, the result is different for F.  F’s                
          purpose (not necessarily his sole purpose, but an important one)            
          is to pass his property to his family with a reduction in                   
          transfer tax cost that translates dollar for dollar into an                 
          enhancement of the net value that the family will receive.  F               
          cannot, therefore, pass the ordinary-course-of-business test in             
          section 25.2512-8, Gift Tax Regs., and, because of the valuation            
          discounts claimed, cannot show full consideration.  F, therefore,           
          has made gifts within the meaning of section 2512 and section               
          25.2512-8, Gift Tax Regs.  The measure of the gifts is not the              






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