47 Respondent argues that the option gave Brown's sons a remainder interest in 329 shares of Bengals stock. We disagree. An option to buy property is not an ownership interest in the property. Helvering v. San Joaquin Fruit & Inv. Co., 297 U.S. 496, 498-499 (1936); May v. McGowan, 97 F. Supp. 326, 328-329 (W.D.N.Y. 1950), affd. 194 F.2d 396 (2d Cir. 1952). When Sawyer granted the option to Paul Brown's sons he did not give them an interest or remainder interest in the Bengals stock; he gave them an option to buy stock. We rejected the Commissioner's argument that an option was an interest in the underlying property in Cobb v. Commissioner, supra. In Cobb, the decedent gave an option to a third party to buy her farm for $100,000 after she died. The farm was worth $270,000 when decedent died. The Commissioner argued that the option agreement was a taxable transfer of the underlying property itself to the third party. We disagreed, and held that the decedent had made no inter vivos transfer of the farm or any interest therein, and that section 2036 did not apply because the decedent received fair consideration for the option. Because Sawyer granted the option to Brown's sons in an arm's-length agreement between Paul Brown and Sawyer, we do not disregard the option.9 9 Respondent does not contend, and we need not decide, whether Brown made a constructive gift to his sons in 1983 when Sawyer granted them the option to buy 329 shares of Bengals stock.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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