From: Halperin, Alan S Sent: Sunday, November 1, 2015 9:08 PM To: jeffrey E. Subject: Fw: December 1 Decantings Here you go. Thanks. Alan Alan S. Halperin I Partner Paul, Weiss, Rifkind, Wharton & Garrison =LP Sent: Sunday, November 1, 2015 3:27 PM To: Brad Wechsler; Ada Clapp Subject: Re: December 1 Decantings Brad and Ada, over the weekend, I had several long telephone conversations =ith Jeffrey. One planning strategy which emerged from the calls was the id=a of Leon using borrowed funds from one or more third parties and possibly=LLC- owned art to satisfy the debt owing to APO1. Thereafter, APO1 would have cash, which will be decan=ed. Then AP0O1 would lend money back to Leon who, in turn, would re-pay th= loans owing to third parties. When the dust settles, Leon will continue t= owe the trust substantial funds. But the trust will have basis in the "new" loan, so ultimate repayme=t (if made after death) will not trigger tax. Further, it puts some distan=e between the earlier sale and restructuring (in old trusts) and the note =made by the new trust). The trick will be finding outside sources to provide the loans on a short- term basis. We also discussed whether, in connection with the decantings, the family be=eficiaries should provide releases and, if so, should they have separate c=unsel and should the releases be supported by accountings. The releases an= accountings would cover the period since the last release. =br> =effrey then raised the question whether APO01 should mimic the provisions =f APO1, where there is a one-fund trust beyond Leon's life (and Debra's li=e), or whether the trust should be divided innto separate trusts at the death of the survivor of Leon and Deb=a. =br> =e discussed whether APO1 decanting will include right to any future remain=er interests from existing GRATs (Jeffrey says no). These items will take time to navigate and implement, particularly the poss=ble third party loans, accountings and releases.