Estate of Marie A. Bies - Page 8




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            death.  At some time during September 1996, Albert and Loretta                             
            entered into an option contract, which provided in part that                               
            Albert agreed that Loretta may purchase sufficient shares of MBI                           
            from Albert to make Loretta and Albert equal shareholders if any                           
            of Loretta's children obtain a license to practice mortuary                                
            science within 6 years from the date of the agreement.  On or                              
            about December 31, 1996, MBI redeemed 41 shares from Loretta, and                          
            she retained 28.5 shares.                                                                  
                                               OPINION                                                 
                  Respondent determined that decedent's transfers of MBI stock                         
            to Gayle, Loretta, and Cheryl were, in substance, indirect                                 
            transfers of additional shares to Albert, Gregory, and James,                              
            respectively.  Respondent contends that decedent transferred the                           
            MBI stock through Gayle, Loretta, and Cheryl to Albert, Gregory,                           
            and James, respectively, for the purpose of obtaining additional                           
            annual gift tax exclusions.                                                                
                  Petitioner asserts that decedent's transfers of MBI stock to                         
            Gayle, Loretta, and Cheryl were, both in form and substance,                               
            transfers only to Gayle, Loretta, and Cheryl.                                              
                  Respondent's determinations of fact are presumptively                                
            correct, and petitioner bears the burden of proving by a                                   
            preponderance of the evidence that those determinations are                                










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