Estate of Paul E. Brown, Deceased, Peter D. Brown and Michael Brown, Co-Executors - Page 47

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               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.                                                                      



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