qualified gratuitous transfer
(2)The term “qualified gratuitous transfer” shall not include a transfer of qualified employer securities to an employee stock ownership plan unless— (A)such plan was in existence on, (B)at the time of the transfer, the decedent and members of the decedent’s family (within the meaning of section 2032A(e)(2)) own (directly or through the application of section 318(a)) no more than 10 percent of the value of the stock of the corporation referred to in paragraph (4), and (C)immediately after the transfer, such plan owns (after the application of section 318(a)(4)) at least 60 percent of the value of the outstanding stock of the corporation.