Estate of Wayne C. Bongard, Deceased, James A. Bernards, Personal Representative - Page 111

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          (1972), which the majority opinion does not even cite.                      
               At the core of the majority opinion's holdings under section           
          2036(a)(1) are its conclusions (1) that “The record does not                
          support that the nontax reasons for BFLP’s existence were                   
          significant motivating factors”, majority op. p. 53, and (2) that           
          decedent had the ability to cause Empak to redeem the Empak stock           
          owned by WCB Holdings and to cause WCB Holdings to redeem the WCB           
          Holdings class B membership units owned by BFLP.                            
               I have serious reservations about the propriety of the                 
          majority opinion’s conclusion that “The record does not support             
          that the nontax reasons for BFLP’s existence were significant               
          motivating factors.”  Majority op. p. 53.  However, for purposes            
          of my dissent, I shall proceed on the assumption that that                  
          conclusion is proper.6  Nonetheless, even if, as the majority               
          opinion concludes, the record does not show that “the nontax                
          reasons for BFLP’s existence were significant motivating                    
          factors”, majority op. p. 53, neither section 2036(a)(1) nor the            
          caselaw under that section supports the majority opinion’s                  
          inference that the absence of any significant nontax reason for             
          the formation of BFLP, standing alone, establishes that decedent            


               6Since I shall proceed herein on that assumption, I shall              
          not address the majority opinion’s holding that decedent made a             
          transfer to BFLP of his WCB Holdings class B membership units               
          that was not a bona fide sale for an adequate and full                      
          consideration in money or money’s worth within the meaning of               
          sec. 2036(a).                                                               




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