Estate of Robert E. Cartwright, Deceased, Dorothy G. Cartwright, Executrix - Page 11

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          corporation to a departing shareholder is to redeem stock or to             
          compensate for services.  Steffen v. Commissioner, 69 T.C. 1049,            
          1052-1053 (1978); Erickson v. Commissioner, 56 T.C. 1112, 1123              
          (1971); Estate of Bette v. Commissioner, T.C. Memo. 1977-404.  In           
          each of those cases, we found that, under the agreement, the                
          payment from the corporation was made solely for the taxpayer's             
          stock.  We especially consider a stock price set by the                     
          corporation and shareholder if other evidence shows that the                
          price set equals the value of the stock.  Smith v. Commissioner,            
          82 T.C. 705, 715-717 (1984) (we found that the corporation and              
          the shareholder intended for the payment to be solely to redeem             
          the taxpayer's stock).  Thus, in deciding whether the $5 million            
          was paid for stock redemption or work in process, or both, we               
          begin by considering what CSB and decedent intended as shown by             
          the 1973 agreement and the 1988 amendment.                                  
               The 1973 agreement provided a formula to determine the                 
          amount to be paid to decedent's estate, but did not specify the             
          amount.  The 1988 amendment fixed the amount of CSB’s payment to            
          decedent’s estate.                                                          
               CSB bought $5 million of insurance because decedent believed           
          his widow would need that amount to maintain her standard of                
          living.  The purchase of life insurance helped CSB to finance               
          the payment to decedent's estate, helped ensure that CSB would              
          survive decedent’s death, eliminated the need to account for                





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