Estate of Charles Porter Schutt, Deceased, Charles P. Schutt, Jr., and Henry I. Brown III, Co-Executors - Page 1

                                 T.C. Memo. 2005-126                                  


                               UNITED STATES TAX COURT                                


                     ESTATE OF CHARLES PORTER SCHUTT, DECEASED,                       
           CHARLES P. SCHUTT, JR., AND HENRY I. BROWN III, CO-EXECUTORS,              
                                    Petitioner v.                                     
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket No. 19208-02.            Filed May 26, 2005.                    
                    S1 and S2, Delaware business trusts, were formed                  
               in 1998 and were capitalized by the contribution                       
               thereto of stock by D through a revocable trust and by                 
               WTC as trustee of various trusts created for the                       
               benefit of D’s children and grandchildren.  At his                     
               death in 1999, D held through the revocable trust a                    
               45.236-percent interest in S1 and a 47.336-percent                     
               interest in S2.                                                        
                    Held:  D’s transfers of stock to S1 and S2 were                   
               bona fide sales for adequate and full consideration                    
               within the meaning of secs. 2036(a) and 2038, I.R.C.,                  
               such that the value of the transferred assets is not                   
               included in his gross estate under these statutes.                     

               John W. Porter, W. Donald Sparks II, and Michael R. Stein,             
          for petitioner.                                                             
               Gerald A. Thorpe, for respondent.                                      





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