2015-07-08


The tax court concluded that the Taxpayer was owner of accounts under "investment control" doctrine in Webber, (2015) 144 TC No. 17144 TC No. 17 (See Below).

Under the "investment control" doctrine, the taxpayer who established a grantor trust that purchased "private placement" variable life insurance policies insuring the lives of two elderly relatives was the actual owner of the assets in the separate accounts underlying the policies.

The premiums paid for the policies, less various expenses, were placed in separate accounts whose assets inured exclusively to the benefit of the policies.

The money in the separate accounts was used to purchase investments in startup companies with which Webber was intimately familiar and in which he otherwise invested personally and through private-equity funds he managed. He effectively dictated both the companies in which the separate accounts would invest and all actions taken with respect to those investments.

On audit, IRS concluded that Webber retained sufficient control and incidents of ownership over the assets in the separate accounts to be treated as their owner for Federal income tax purposes under the "investor control" doctrine.

The Tax Court finding that IRS's Revenue Rulings enunciating the "investor control" doctrine were entitled to deference and weight and concluded that Webber was the owner of the assets in the separate accounts for Federal income tax purposes. Accordingly, he was taxable on the income earned on those assets during the tax years in issue.

The Court noted that the powers that Webber retained included the power to direct investments; the power to vote shares and exercise other options with respect to these securities; the power to extract cash at will from the separate accounts; and the power in other ways to derive "effective benefit" from the investments in the separate accounts.

However, the Tax Court held that Webber wasn't liable for the accuracy-related penalties under Code Sec. 6662(a) because he relied in good faith on professional advice from competent tax professionals.

Want to Know if a Private Placement Insurance Product

Will Work for You?



Contact the Tax Lawyers at
Marini & Associates, P.A.



for a FREE Tax Consultation

at: www.TaxAid.us or www.TaxLaw.ms or

Toll Free at 888-8TaxAid (888) 882-9243

144 T.C. No. 17

UNITED STATES TAX COURT

JEFFREY T. WEBBER, Petitioner v.

COMMISSIONER OF INTERNAL REVENUE, Respondent

Docket No. 14336-11. Filed June 30, 2015.

P, a U.S. citizen, established a grantor trust that purchased

“private placement” variable life insurance policies insuring the lives

of two elderly relatives. P and various family members were the

beneficiaries of these policies. The premiums paid for the policies,

less various expenses, were placed in separate accounts whose assets

inured exclusively to the benefit of the policies. The money in the

separate accounts was used to purchase investments in startup

companies with which P was intimately familiar and in which he

otherwise invested personally and through private-equity funds he

managed. P effectively dictated both the companies in which the

separate accounts would invest and all actions taken with respect to

these investments.

R concluded that P retained sufficient control and incidents of

ownership over the assets in the separate accounts to be treated as

their owner for Federal income tax purposes under the “investor

control” doctrine. See Rev. Rul. 77-85, 1977-1 C.B. 12. The powers

P retained included the power to direct investments; the power to vote

-2-

shares and exercise other options with respect to these securities; the

power to extract cash at will from the separate accounts; and the

power in other ways to derive “effective benefit” from the

investments in the separate accounts. See Griffiths v. Helvering, 308

U.S. 355, 358 (1939).

1. Held: The IRS revenue rulings enunciating the “investor

control” doctrine are entitled to deference and weight under Skidmore

v. Swift & Co., 323 U.S. 134, 140 (1944).

2. Held, further, P was the owner of the assets in the separate

accounts for Federal income tax purposes and was taxable on the

income earned on those assets during the taxable years in issue.

3. Held, further, P is not liable for the accuracy-related

penalties under I.R.C. sec. 6662(a) because he relied in good faith on

professional advice from competent tax professionals.

Robert Steven Fink, Megan L. Brackney, and Joseph Septimus, for

petitioner.

Steven Tillem, Shawna A. Early, and Casey R. Kroma, for respondent.

LAUBER, Judge: Petitioner is a venture-capital investor and private-equity

fund manager. He established a grantor trust that purchased “private placement”

variable life insurance policies insuring the lives of two elderly relatives. These

policies were purchased from Lighthouse Capital Insurance Co. (Lighthouse), a

-3-

Cayman Islands company. Petitioner and various family members were the beneficiaries

of these policies.

The premium paid for each policy, after deduction of a mortality risk premium

and an administrative charge, was placed in a separate account underlying the

policy. The assets in these separate accounts, and all income earned thereon, were

segregated from the general assets and reserves of Lighthouse. These assets inured

exclusively to the benefit of the two insurance policies.

The money in the separate accounts was used to purchase investments in

startup companies with which petitioner was intimately familiar and in which he

otherwise invested personally and through funds he managed. Petitioner effectively

dictated both the companies in which the separate accounts would invest and all

actions taken with respect to these investments. Petitioner expected the assets in

the separate accounts to appreciate substantially, and they did.

Petitioner planned to achieve two tax benefits through this structure. First,

he hoped that all income and capital gains realized on these investments, which he

would otherwise have held personally, would escape current Federal income taxation

because positioned beneath an insurance policy. Second, he expected that the

ultimate payout from these investments, including all realized gains, would escape

Federal income and estate taxation because payable as “life insurance proceeds.”

-4-

Citing the “investor control” doctrine and other principles, the Internal Revenue

Service (IRS or respondent) concluded that petitioner retained sufficient

control and incidents of ownership over the assets in the separate accounts to be

treated as their owner for Federal income tax purposes. Treating petitioner as having

received the dividends, interest, capital gains, and other income realized by the

separate accounts, the IRS determined deficiencies in his Federal income tax of

$507,230 and $148,588 and accuracy-related penalties under section 6662 of

$101,446 and $29,718 for 2006 and 2007, respectively.1 We will sustain in large

part the deficiencies, but we conclude that petitioner is not liable for the penalties.

FINDINGS OF FACT

Some of the facts have been stipulated and are so found. The stipulations of

facts and the attached exhibits are incorporated by this reference. When he

petitioned this Court, petitioner lived in California.

Petitioner’s Background and Business Activities

Petitioner received his bachelor’s degree from Yale College and attended

Stanford University’s M.B.A. program. He left Stanford early to start a

1All statutory references are to the Internal Revenue Code (Code) as in

effect for the tax years in issue. All Rule references are to the Tax Court Rules of

Practice and Procedure. All dollar amounts have been rounded to the nearest

dollar.

-5-

technology consulting firm, and he later founded and managed a series of privateequity

partnerships that provided “seed capital” to startup companies. These

partnerships were early-stage investors that generally endeavored to supply the

“first money” to these entities. Separately, petitioner furnished consulting services

to startup ventures through his own firm, R.B. Webber & Co. (Webber & Co.).

Each venture-capital partnership had a general partner that was itself a partnership.

Petitioner was usually the managing director of the general partner. The

venture-capital partnership offered limited partnership interests to sophisticated

investors. These offerings were often oversubscribed.

As managing director, petitioner had the authority to make, and did make,

investment decisions for the partnerships. To spread the risk of investing in new

companies, petitioner often invested through syndicates. A syndicate is not a

formal legal entity but a group of investors (individuals or funds) who seek to

invest synergistically. Generally speaking, the syndicate’s goal was to make earlystage

investments in companies that would ultimately benefit from a “liquidity

event” like an initial public offering (IPO) or direct acquisition.

Before investing in a startup company, petitioner performed due diligence.

This included review of the company’s budget, business plan, and cashflow model;

his review also included analysis of its potential customers and competitors

-6-

and the experience of its entrepreneurs. Because petitioner, through Webber &

Co., provided consulting services to numerous startup companies, he had access to

proprietary information about them. On the basis of all this information, petitioner

decided whether to invest, or to recommend that one of his venture-capital partnerships

invest, in a particular entity. Having made an early-stage investment, petitioner

usually sought to find new investors for that company, so as to spread his

risk, enhance the company’s prospects, and move it closer to a “liquidity event.”

Having supplied the “first money” to these startup ventures, petitioner and

his partnerships were typically offered subsequent opportunities to invest in them.

These opportunities are commonly called “pro-rata offerings.” As additional

rounds of equity financing are required, a pro-rata offering gives a current equity

owner the chance to buy additional equity in an amount proportionate to his existing

equity. This enables him to maintain his current position and avoid “dilution”

by new investors. Depending on the circumstances, petitioner would accept or

decline these pro-rata offerings.

Petitioner invested in startup companies in various ways. He held certain

investments in his own name; he invested through trusts and individual retirement

accounts (IRAs); and he invested through the venture-capital partnerships that he

managed. To help him manage this array of investments, petitioner in 1999 hired

-7-

Susan Chang as his personal accountant. She had numerous and diverse responsibilities.

These included determining whether petitioner had funds available for a

particular investment; ensuring that funds were properly transferred and received;

communicating with lawyers, advisers, paralegals, and others about investments in

which petitioner was interested; and maintaining account balances and financial

statements for petitioner’s personal investments.

Because of his expertise, knowledge of technology, and status as managing

director of private-equity partnerships, petitioner served as a member of the board

of directors for more than 100 companies. As relevant to this opinion, petitioner

through various entities invested in, and served on the boards of, the following

companies at various times prior to December 31, 2007:

Company Name

Board

Member or

Officer

Petitioner Individually

or Through a Private

Equity Partnership

Invested In

Petitioner Through an

IRA Invested In

Accept Software Yes Yes Yes

Attensity Corp. Yes Yes No

Borderware Tech. Yes Yes Yes

DTL Plum Investments No Yes No

JackNyfe, Inc. Yes Yes No

Lignup, Inc. Yes Yes Yes

Links Mark Multimedia No Yes No

Lunamira, Inc. No Yes No

-8-

Medstory, Inc. No Yes No

Milphworld, Inc. No Yes No

Nextalk, Inc. Yes Yes No

Prevarex, Inc. Yes Yes No

Promoter Neurosciences No Yes No

PTRx Media, LLC Yes Yes Yes

Push Media, LLC No Yes No

RJ Research, Inc. No Yes No

Reactrix Systems, Inc. No Yes No

Renaissance 2.0 Media No Yes No

Signature Investments No Yes No

Soasta, Inc. Yes Yes Yes

Techtribenetworks, Inc. Yes Yes No

Vizible Corp. Yes Yes Yes

Weldunn Restaurant Group No Yes Yes

Webify Solutions Yes Yes No

Petitioner’s Tax and Estate Planning

By 1998 petitioner had enjoyed success in his investing career and accumulated

assets in excess of $20 million. An attorney named David Herbst, who furnished

petitioner with tax advice, recommended that he secure the assistance of an

experienced estate planner. One of petitioner’s college classmates referred him to

William Lipkind, a partner in the law firm Lampf, Lipkind, Prupis and Petigrow.

-9-

Petitioner met with Mr. Lipkind for the first time in 1998 at Mr. Herbst’s

office. Mr. Lipkind laid out a complex estate plan that involved a grantor trust and

the purchase of private placement life insurance policies from Lighthouse. He

explained that private placement insurance is a type of variable life insurance that

builds value in a separate account. (The details of this strategy are discussed more

fully below.) Mr. Lipkind acknowledged that this tax-minimization strategy had

certain tax risks, but he orally assured petitioner that the strategy was sound. After

several followup conversations, petitioner hired Mr. Lipkind to do his estate planning

and stated his intention to purchase the private placement life insurance. Mr.

Lipkind then undertook a series of steps to implement this strategy.

The Grantor Trusts

The first step was the creation of a grantor trust, which had three iterations

between 1999 and 2008. On March 24, 1999, petitioner established the Jeffrey T.

Webber 1999 Alaska Trust (Alaska Trust), a grantor trust for Federal income tax

purposes. Mr. Lipkind recommended Alaska as the situs in part because that State

has no income tax; he was concerned that certain tax risks could arise if the trust

were formed in California, where petitioner resided. Mr. Lipkind’s firm drafted

the trust documents and customized them to petitioner’s needs.

-10-

The trustees of the Alaska Trust were Mr. Lipkind and the Alaska Trust Co.

Petitioner could remove the trustees at any time and replace them with “Independent

Trustees.” The beneficiaries 2 were petitioner’s children, his brother, and

his brother’s children. Petitioner was named a discretionary beneficiary of the

Alaska Trust, which was necessary to achieve grantor trust status.3

In 1999 petitioner contributed $700,000 to the Alaska Trust. The trustee

used these funds to purchase from Lighthouse two “Flexible Premium Restricted

Lifetime Benefit Variable Life Insurance Policies” (Policy or Policies). Petitioner

timely filed Form 709, United States Gift (and Generation-Skipping Transfer) Tax

Return, reporting this $700,000 gift. He attached to this return a disclosure

statement explaining that the Alaska Trust “purchased two variable life insurance

policies * * * for an aggregate first year’s premium of $700,000” and noting that

2Independent Trustees could include any bank or an attorney who was not

“within the meaning of section 672(c) * * * related or subordinate to the Grantor.”

3The Alaska Trust provided that “any one Independent Trustee acting alone”

may distribute to petitioner as Grantor “such amounts of the net income and/or

principal * * * as such Independent Trustee deems wise.” In determining whether

to make any such distribution, the trustee was required to take into consideration

“the Grantor’s own income and property and any other income or property which

may be available to the Grantor.” The trustee was empowered to exercise such

discretion without regard to the interest of remaindermen.

-11-

his “contributions to the Trust were completed gifts and the Trust assets will not

be includible in [his] gross estate.”

The Alaska Trust was listed as the owner of the Policies from October 28,

1999, to October 8, 2003. During 2003 petitioner became concerned about protecting

his assets from creditors because Webber & Co. was encountering financial

problems, he was going through a divorce, and he feared lawsuits from unhappy

private-equity investors following the “dot.com” crash. With the goal of achieving

asset protection, petitioner asked Mr. Lipkind to move the Alaska Trust assets

offshore. Mr. Lipkind advised against doing this because of the tax disadvantages

it could entail. Petitioner nevertheless persisted in his desire for asset protection,

and Mr. Lipkind complied with his wishes.

On October 9, 2003, Mr. Lipkind established the Chalk Hill Trust, a foreign

grantor trust organized under the laws of the Commonwealth of the Bahamas. The

Alaska Trust then assigned all of its assets, including the Policies, to the Chalk

Hill Trust. Petitioner filed a timely Form 3520, Annual Return To Report Transactions

With Foreign Trusts and Receipt of Certain Foreign Gifts, reporting this

transfer and signing the return as “owner-beneficiary” of the Chalk Hill Trust.

Petitioner was the grantor of the Chalk Hill Trust and is treated as its owner

for Federal income tax purposes. The trustee was Oceanic Bank & Trust, Ltd.; the

-12-

U.S. protector was Mr. Lipkind; and the foreign protector was an entity from the

Isle of Man. Petitioner and his issue were the beneficiaries of the Chalk Hill

Trust. During petitioner’s lifetime the trustee had “uncontrolled discretion” to

distribute trust assets to the beneficiaries. Mr. Lipkind, as the U.S. protector,

could remove and replace the trustee at any time.

The Chalk Hill Trust was listed as the owner of the Policies from October 9,

2003, through March 6, 2008. It was thus the nominal owner of the Policies during

the tax years in issue. In early 2008 petitioner became confident that the credit

risks had passed and decided to move the trust assets back to a domestic grantor

trust. The Delaware Trust was established for that purpose, and all assets of the

Chalk Hill Trust, including the Policies, were assigned to it. The salient terms of

the Delaware Trust arrangement did not differ materially from the terms of the

prior two grantor trust arrangements. We will sometimes refer to the Alaska Trust,

the Chalk Hill Trust, and the Delaware Trust collectively as “the Trusts.”

Lighthouse

Lighthouse is a Cayman Islands class B unlimited life insurance company

established in 1996 and regulated by the Cayman Islands Monetary Authority.

Lighthouse issues annuity and variable life insurance products. During 1999 it

-13-

issued 70 to 100 policies with a total outstanding face value of $250 to $300

million. Petitioner had no direct or indirect ownership interest in Lighthouse.

Lighthouse is managed by Aon Insurance Managers (Aon), a wholly owned

subsidiary of Aon PLC, a major insurance company headquartered in London.

Aon was responsible for the day-to-day operations of Lighthouse, including its

recordkeeping, compliance, and financial audits. Lighthouse reinsures mortality

risk arising under its policies with Hannover Rückversicherung-AG (Hannover

Re), a well-respected reinsurer. Lighthouse generally reinsures all but $10,000 of

the mortality risk on each policy, as it did with these Policies. For some elderly

insureds, such as those under petitioner’s Policies, Lighthouse reinsured virtually

100% of the morality risk.

Before issuing a policy Lighthouse would conduct an underwriting analysis

and seek medical information about the prospective insured. Where (as here) the

policyholder was not the insured, Lighthouse performed due diligence regarding

the source of funds. It also confirmed the existence of an insurable interest.

The Policies

The Policies, initially acquired by the Alaska Trust and later transferred to

the Chalk Hill Trust, insured the lives of two of petitioner’s relatives. The first

Policy insured the life of Mabel Jordan, the stepgrandmother of petitioner’s then

-14-

wife. Ms. Jordan, who was 78 years old when the Policy was issued, died in November

2012 at age 92. The second Policy insured the life of Oleta Sublette, petitioner’s

aunt. She was 77 years old when the Policy was issued and was still alive

at the time of trial. Each Policy had a minimum guaranteed death benefit of

$2,720,000.

Each Policy required Lighthouse to establish a separate account pursuant to

section 7(6)(c) of the Cayman Islands Insurance Law to fund benefits under that

Policy. On receiving the initial premiums in 1999, Lighthouse debited against

them the first-year policy charges (a one-year mortality risk premium and one

year’s worth of administrative fees). Lighthouse kept the administrative fees and

transferred most of the mortality risk premium to Hannover Re. The remainder of

each premium was allocated to the relevant separate account. On an annual basis

thereafter, Lighthouse debited each separate account for that year’s mortality and

administrative charges. If the assets in the separate account were insufficient to

defray these charges, the policyholder had to make an additional premium payment

to cover the difference; otherwise, the policy would lapse and terminate.

The annual administrative fee that Lighthouse charged each Policy equaled

1.25% of its separate account value. There was an additional fee to cover services

nominally provided by the Policies’ “investment manager.” (As explained below,

-15-

that fee was modest.) The mortality risk charge was determined actuarially, but it

rapidly decreased as the value of the separate accounts approached or exceeded the

minimum death benefit of $2,720,000. The mortality risk charges debited to the

separate accounts during 2006-2007 totaled $12,327.

The minimum death benefit was payable in all events so long as the Policy

remained in force. If the investments in the separate account performed well, the

beneficiary upon the insured’s death was to receive the greater of the minimum

death benefit or the value of the separate account. The Policies provided that the

death benefit would be paid by Lighthouse “in cash to the extent of liquid assets

and in kind to the extent of illiquid assets (any in kind payment being in the sole

discretion of Lighthouse), or the Death Benefit shall be paid by such other arrangements

as may be agreed upon.”

The Policies permitted the policyholder to add additional premiums if necessary

to keep the Policies in force. On September 7, 2000, the Alaska Trust

made an additional premium payment of $35,046 to cover a portion of the secondyear

mortality/administrative charge. The assets in the separate accounts performed

so well that no subsequent premium payments were required. Thus, the

total premiums paid on the Policies by the Alaska Trust (and by its successor

grantor trusts) amounted to $735,046.

-16-

The Policies granted certain rights to the policyholder prior to the deaths of

the insureds. Each Policy permitted the policyholder to assign it; to use it as collateral

for a loan; to borrow against it; and to surrender it. If the policyholder

wished to assign a Policy or use it as collateral for a loan, Lighthouse had the

discretion to reject such a request.

However, the Policies significantly restricted the amount of cash the policyholder

could extract from the Policies by surrender or policy loan. This restriction

was accomplished by limiting the Cash Surrender Value of each Policy to the total

premiums paid, and by capping any policy loan at the Cash Surrender Value. For

this purpose, “premiums” were defined as premiums paid in cash by the policyholder,

to the exclusion of mortality/administrative charges debited from the

separate accounts.

Thus, if the separate accounts performed poorly and the policyholder paid

cash to cover ongoing mortality/administrative charges, those amounts would

constitute “premiums” and would increase the Cash Surrender Value. By contrast,

if the separate accounts performed well and ongoing mortality/administrative

charges were debited from the separate accounts, those amounts were not treated

as premiums that increased the Cash Surrender Value, but as internal charges paid

-17-

by Lighthouse. The result 4 of this restriction was that the maximum amount the

Trusts could extract from the Policies prior to the deaths of the insureds, by surrendering

the Policies or taking out policy loans, was $735,046.

Investment Management of the Separate Accounts

Lighthouse did not provide investment management services for the separate

accounts. Rather, it permitted the policyholder to select an investment manager

from a Lighthouse-approved list. For most of 2006 and 2007 Butterfield

Private Bank (Butterfield), a Bahamian bank, served as the investment manager

for the separate accounts. The Policies specified that Butterfield would be paid

$500 annually for investment management services and $2,000 for accounting.5 In

November 2007 Experta Trust Co. (Bahamas), Ltd. (Experta), became the

investment manager. No one testified at trial on behalf of Butterfield or Experta.

We will refer to these entities collectively as the “Investment Manager.”

4For 2006 and 2007 the separate accounts paid Lighthouse $130,000 and

$161,500, respectively, to cover annual mortality/administrative charges. The

2007 charges were higher because the separate accounts’ values had increased.

5It appears that the separate accounts paid Butterfield $8,500 in overall fees

for 2006 and 2007, but there is no evidence that any amount in excess of $500 per

year was allocable to investment management. Petitioner directs the Court’s attention

to an accounting entry showing “Administrative Fees” of $20,500 paid in

2007, but there is no evidence to establish what these were paid for.

-18-

As drafted, the Policies state that no one but the Investment Manager may

direct investments and deny the policyholder any “right to require Lighthouse to

acquire a particular investment” for a separate account. Under the Policies, the

policyholder was allowed to transmit “general investment objectives and guidelines”

to the Investment Manager, who was supposed to build a portfolio within

those parameters. The Trusts specified that 100% of the assets in the separate

accounts could consist of “high risk” investments, including private-equity and

venture-capital assets. Lighthouse was required to perform “know your client”

due diligence, designed to avoid violation of antiterrorism and moneylaundering

laws, and was supposed to ensure that “the Separate Account investments [were

managed] in compliance with the diversification requirements of Code Section

817(h).”

Besides setting the overall investment strategy for a separate account, a

policyholder was permitted to offer specific investment recommendations to the

Investment Manager. But the Investment Manager was nominally free to ignore

such recommendations and was supposed to conduct independent due diligence

before investing in any nonpublicly-traded security. Although almost all of the

investments in the Policies’ separate accounts consisted of nonpublicly-traded

securities, the record contains no compliance records, financial records, or busi-

19-

ness documentation (apart from boilerplate references in emails) to establish that

Lighthouse or the Investment Manager in fact performed independent research or

meaningful due diligence with respect to any of petitioner’s investment directives.

Lighthouse created a series of special-purpose companies to hold the investments

in the separate accounts. The Lighthouse Nineteen Ninety-Nine Fund LDC

(1999 Fund), organized in the Bahamas, was created when the separate accounts

were initially established. During the tax years in issue the principal special-purpose

company was Boiler Riffle Investments, Ltd. (Boiler Riffle), likewise organized

in the Bahamas. These investment funds were owned by Lighthouse but were

dedicated exclusively to funding death benefits under the Policies through the

separate accounts. These special-purpose vehicles were not available to the

general public or to any other Lighthouse policyholder.

The “Lipkind Protocol”

Mr. Lipkind explained to petitioner that it was important for tax reasons that

petitioner not appear to exercise any control over the investments that Lighthouse,

through the special-purpose companies, purchased for the separate accounts. Accordingly,

when selecting investments for the separate accounts, petitioner followed

the “Lipkind protocol.” This meant that petitioner never communicated--by

email, telephone, or otherwise--directly with Lighthouse or the Investment Mana-

20-

ger. Instead, petitioner relayed all of his directives, invariably styled “recommendations,”

through Mr. Lipkind or Ms. Chang.

The record includes more than 70,000 emails to or from Mr. Lipkind, Ms.

Chang, the Investment Manager, and/or Lighthouse concerning petitioner’s “recommendations”

for investments by the separate accounts. Mr. Lipkind also

appears to have given instructions regularly by telephone. Explaining his lack of

surprise at finding no emails about a particular investment, Mr. Lipkind told

petitioner: “We have relied primarily on telephone communications, not written

paper trails (you recall our ‘owner control’ conversations).” The 70,000 emails

thus tell much, but not all, of the story.

Investments by the Separate Accounts

In April 1999, shortly after the Alaska Trust initiated the Policies, the 1999

Fund purchased from petitioner, for $2,240,000, stock that petitioner owned in

three startup companies: Sagent Technology, Inc., Persistence Software, Inc., and

Commerce One, Inc. Petitioner was unsure how the 1999 Fund could have paid

him $2,240,000 for his stock when the Alaska Trust at that point had paid premiums

toward the Policies of only $700,000 (before reduction for very substantial

first-year mortality charges). He speculated that he might have made an installment

sale.

-21-

Petitioner testified that he expected the stock in these three companies to

“explode” in value. The

Show more