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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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