Estate of Charles Porter Schutt, Deceased, Charles P. Schutt, Jr., and Henry I. Brown III, Co-Executors - Page 59

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               As regards other factors considered indicative of a bona               
          fide sale, these too tend to support the estate’s position.  The            
          contributed property was actually transferred to Schutt I and II            
          in a timely manner.  Entity and personal assets were not                    
          commingled.  Decedent was not financially dependent on                      
          distributions from Schutt I and II, retaining sufficient assets             
          outside of the business trusts amply to support his needs and               
          lifestyle.  Nor was decedent effectively standing on both sides             
          of the transactions.                                                        
               Concerning this latter point, it is respondent’s position              
          that “there were no ‘arm’s-length negotiations’ between the                 
          decedent and the bank concerning any material matters affecting             
          the formation and operation of the business trusts.”  Respondent            
          maintains that WTC, while ostensibly an independent third party,            
          simply represented the interests of decedent’s children and                 
          grandchildren and that decedent dictated all material terms.                
               The Court, however, is unpersuaded by respondent’s attempts            
          to downplay the give-and-take reflected in the record.  As                  
          detailed in the facts recounted above and the stipulated                    
          exhibits, WTC representatives thoroughly evaluated the business             
          trust proposals, raised questions, offered suggestions, and made            
          requests.  Some of those suggestions or requests were accepted or           
          acquiesced in; others were not.  Such a scenario bears the                  
          earmarks of considered negotiations, not blind accommodation.               






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