Estate of Charles Porter Schutt, Deceased, Charles P. Schutt, Jr., and Henry I. Brown III, Co-Executors - Page 47

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          essential task is to “separate the true nontax reasons for the              
          [entities’] formation from those that merely clothe transfer tax            
          savings motives.”  Estate of Bongard v. Commissioner, supra at __           
          (slip op. at 44).  It must be recognized, however, that                     
          “Legitimate nontax purposes are often inextricably interwoven               
          with testamentary objectives.”  Id.  Furthermore, with respect to           
          the particular case at bar, the Court must be cognizant of any              
          potential divergence between decedent’s actual motives and the              
          concerns of his advisers.                                                   
               The estate’s position is that Schutt I and II were “formed             
          primarily to put into place an entity to perpetuate Mr. Schutt’s            
          buy and hold investment philosophy with respect to the DuPont and           
          Exxon stock belonging both to Mr. Schutt and to the Wilmington              
          Trust Company Trusts.”  In service of this objective, Schutt I              
          and II were aimed at “the furtherance and protection of * * *               
          [decedent’s] family’s wealth by providing for the centralized               
          management of his family’s holdings in duPont [sic] stock and               
          Exxon stock during his lifetime and to prevent the improvident              
          disposition of this stock during his lifetime and to the extent             
          possible after his death.”  The estate contends that the desired            
          preservation of decedent’s investment policy “could not be                  
          accomplished without the creation of Schutt I and Schutt II, as             
          the WTC Trusts were scheduled to terminate at various intervals             







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