Estate of Augusta Porter Forbes - Page 9




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          doing business as the general partnership, “all of the property             
          conveyed to * * * [the QTIP trustee] by an Executor’s General               
          Bill of Sale of even date conveying all of the property owned and           
          operated by” Mr. Forbes, doing business as the sole                         
          proprietorship.  The assets so conveyed are described in language           
          identical to that contained in the general bill of sale from the            
          executor to the QTIP trustee, specifically including “All growing           
          crops and timber on land owned by” the limited partnership.  On             
          its books, the general partnership recorded receipt of all the              
          timber and growing crops on the Forbes land.  The pecan trees as            
          well as the pecan nuts were treated as growing crops.                       
               In consideration of all the sole proprietorship assets, the            
          general partnership agreed to pay the QTIP trustee $550,742, less           
          a $100,000 offsetting credit for net liabilities that the Forbes            
          estate owed the general partnership.  Accordingly, the general              
          partnership gave the QTIP trustee a promissory note for $450,742.           
          The purchase price was the result of arm’s-length bargaining and            
          was based on values reflected on the Forbes estate tax return               
          (which in turn were based on a 1985 independent appraisal), with            
          certain adjustments, including the addition of certain amounts              
          received or receivable under the timber contract with Tolleson              
          Lumber.4                                                                    

               4 Although the record is sketchy in this regard, the                   
          evidence does not indicate, and respondent has not suggested,               
                                                             (continued...)           





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