Cameron W. Bommer Revocable Trust, Ronald Bommer, Trustee - Page 38

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            business and in his personal life."  We hold that decedent had a                            
            testamentary purpose in entering into both the 1975 and 1981                                
            agreements.                                                                                 
                  Petitioners argue that the existence of a testamentary intent                         
            should not be determinative if the price in the Buy-Sell Agreement                          
            represented the fair market value on the date the agreement was                             
            executed, citing Estate of Lauder v. Commissioner, T.C. Memo. 1992-                         
            736, and Estate of Bischoff v. Commissioner, 69 T.C. 32 (1977).                             
            Respondent argues that cases such as Estate of Lauder and Estate of                         
            Bischoff involved formula prices that accounted for variations in                           
            future value and are distinguishable from fixed price agreements.                           
            We need not decide this point, because we find that petitioners have                        
            not proven that $11,333.30 was the fair market value for a share of                         
            CamVic in either 1975 or 1981.                                                              
                  Where shareholders are members of the same family and the                             
            circumstances indicate that testamentary considerations influenced                          
            the decision to enter into a restrictive stock agreement, an                                
            assumption that the price stated in the agreement is a fair one is                          
            unwarranted.  It is then incumbent upon the estate to demonstrate                           
            that the agreement establishes a fair price for the subject stock.                          
            Estate of Gloeckner v. Commissioner, T.C. Memo. 1996-148; Estate of                         
            Lauder v. Commissioner, supra.  Such is petitioners' burden in the                          
            instant case.                                                                               
                  Both parties presented expert evidence regarding the value of                         
            CamVic on the respective 1975 and 1981 dates of the two agreements.                         




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