Estate of Charles Porter Schutt, Deceased, Charles P. Schutt, Jr., and Henry I. Brown III, Co-Executors - Page 58

                                        -58-                                          
          contributed almost exclusively by one person.  See Estate of                
          Strangi v. Commissioner, T.C. Memo. 2003-145; Estate of Harper v.           
          Commissioner, T.C. Memo. 2002-121.  In the unique circumstances             
          of this case, however, a key difference exists in that decedent’s           
          primary concern was in perpetuating his philosophy vis-a-vis the            
          stock of the WTC trusts in the event of a termination of one of             
          those trusts.  Here, by contributing stock in the Revocable                 
          Trust, decedent was able to achieve that aim with respect to                
          securities of the WTC trusts even exceeding the value of his own            
          contributions.  In this unusual scenario, we cannot blindly apply           
          the same analysis appropriate in cases implicating nothing more             
          than traditional investment management considerations.                      
               To summarize, the record reflects that decedent’s desire to            
          prevent sale of core holdings in the WTC trusts in the event of a           
          distribution to beneficiaries was real, was a significant factor            
          in motivating the creation of Schutt I and II, was appreciably              
          advanced by formation of the business trusts, and was unrelated             
          to tax ramifications.  The Court is thus able to conclude in this           
          case that Schutt I and II were formed for a legitimate and                  
          significant nontax purpose without further probing the parties’             
          disagreement as to whether, in theory, an investment strategy               
          premised on buy and hold should offer just as much justification            
          for an entity premised thereon as a philosophy that focuses on              
          active trading.                                                             






Page:  Previous  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  Next

Last modified: May 25, 2011