- 5 - Thereafter, payments were due based on percentage of completion, with 25 percent of the balance due at 25 percent completion, 25 percent at 50 percent completion, 25 percent at 75 percent completion, and 25 percent due at 100 percent completion. The contract price for Shaktoolik II was $1,138,500, with payment terms similar to those for Shaktoolik I. On December 22, 1983, petitioner and Burke executed a buy- sell agreement with respect to the shares of INI. Petitioner drafted the buy-sell agreement using a form provided by Mutual Life Insurance Co. of New York (Mutual Life). The buy-sell agreement required that upon the death of either shareholder, the surviving shareholder would purchase, and the estate of the deceased shareholder would sell, the stock of the deceased shareholder at a price determined under article 3 of the agreement. Article 3 of the agreement required semiannual valuation of the stock. The purchase price of the decedent’s stock was to be based on the most recent valuation unless more than 1 year had elapsed since the valuation, in which case the value of the decedent's stock would be determined, as of the date of death, by agreement of the surviving shareholder and the estate, or by arbitration if they could not agree. Article 4 of the buy-sell agreement provided for the purchase of insurance from Mutual Life by each shareholder on the life of the other, with the proceeds to be used to fund anyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011