- 94 - (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).Page: Previous 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 Next
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