-21- On February 10, 1997, Mr. Sweeney sent a memorandum to Kathleen E. Lee, another attorney at his firm, asking her to research certain issues with respect to the potential business trust transaction. He also summarized therein as follows: The present concept that is being considered is that Porter would put up $40 million of his portfolio, and between trusts 2064 and 3044-5, 3044-6 and 3044-8, the Wilmington Trust Company would put up approximately $42 million. The net effect would be that Porter’s funded revocable trust would then have a minority interest in the business trust, and possibly at Porter’s death, we could obtain both lack of marketability and minority interest discounts with respect to Porter’s interest in the Delaware business trust. He further noted: “it is anticipated that Porter Schutt will at some time in the not too distant future after the transaction is implemented commence to give away to his children in the form of taxable gifts interests in the Delaware business trust.” Ms. Lee responded to the following four questions by memorandum dated March 5, 1997: 1. If our client and the Wilmington Trust Company contribute investment portfolios consisting of marketable securities into a Delaware Business Trust, would such contributions give rise to investment company status under � 721(b) of the Internal Revenue Code of 1986, as amended (the “Code”) such that a realization of gain must be recognized upon the creation of the Delaware Business Trust? 2. Can the Delaware Business Trust make an election under � 754 of the Code to increase basis in the underlying assets of the Delaware Business Trust? 3. How should the Delaware Business Trust be structured so that the entity will continue after the death of our client?Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011