-59- 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.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