Estate of Paul E. Brown, Deceased, Peter D. Brown and Michael Brown, Co-Executors - Page 37

                                         37                                           
          not make an inter vivos transfer of Sawyer's 212 shares of                  
          Bengals stock.                                                              
          C.   Whether Paul Brown Received Adequate and Full Consideration            
               for the 117 Shares of Bengals Stock He Sold to Sawyer                  
               Petitioner contends that Paul Brown transferred the 117                
          shares to Sawyer for adequate and full consideration.                       
               Receipt of adequate and full consideration in money or                 
          money's worth by a transferor removes property from a gross                 
          estate.  Sec. 2036(a); Merrill v. Fahs, 324 U.S. 308, 311-312               
          (1945); Commissioner v. Wemyss, 324 U.S. 303, 307 (1945); Estate            
          of Gregory v. Commissioner, 39 T.C. 1012, 1016 (1963).  Section             
          2036(a) prevents the depletion of the transferor's gross estate             
          for Federal estate tax purposes where the transferor retains the            
          use and enjoyment of transferred assets until death.  Estate of             
          Frothingham v. Commissioner, 60 T.C. 211, 215-216 (1973).                   
               Respondent argues that Brown's transfer of the 117 shares to           
          Sawyer in 1983 was not for adequate and full consideration.  We             
          disagree.                                                                   
               Brown's sale of the 117 shares of Bengals stock to Sawyer on           
          May 16, 1983, was part of a bona fide, arm's-length agreement.              
          Brown received adequate and full consideration in money or                  
          money's worth for the stock.  On May 16, 1983, the 117 shares had           
          a fair market value (as stipulated by the parties) of $3,305,601            
          ($28,253 per share).  Sawyer paid Brown for the 117 shares (a) by           
          giving him an interest-bearing $3.51 million promissory note, and           
          (b) by granting (at Brown's behest) an option to buy 329 shares             



Page:  Previous  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  Next

Last modified: May 25, 2011