- 29 - that these concerns prompted him to approach Mr. Hughes, who, in turn, suggested the efficacy of a restrictive stock agreement. Following our review of the record, we find that Ronald's retention played some part in the creation of the Buy-Sell Agreement. At the time the agreement was created, Ronald was relatively young and had already worked at CamVic for over 20 years. During that time, he had gained solid experience through his work with CamVic's properties. Ronald also had concerns with respect to his security in the business. Under these circumstances, we conclude that it was reasonable for Ronald to attempt to solidify his future at CamVic through the creation of a restrictive stock agreement.20 We find that there was some business purpose for entering into the Buy-Sell Agreement and the Revised Agreement. In order to meet the test set forth in section 20.2031-2(h), Estate Tax Regs., and applied in Estate of Lauder v. Commissioner, supra, petitioners must also demonstrate that the agreement was not intended as a device to pass decedent's interest in CamVic to the natural objects of his bounty for less than an adequate and full consideration in money or money's worth. Petitioners have failed to do this. For the reasons set forth below, we conclude that an inference may fairly be drawn that the Buy-Sell Agreement and the 20Nevertheless, we note that nothing in the Buy-Sell Agreement prevented Ronald from leaving CamVic or decedent from continuing to make "impulsive" business decisions. Decedent had the controlling interest in CamVic and could have caused CamVic to buy or sell properties.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011