- 21 - experience in the construction business; and that Fred Jr.’s brother testified credibly that when decedent entered into a business venture, he was almost always in charge--all of which tend to rebut Fred Jr.’s characterization of decedent’s role in the enterprise as minimal. On balance, we believe the evidence that the options were a substitute for a testamentary device outweighs any evidence of their bona fide business purpose. In an unusual circumstance, we have the sworn testimony of the grantor-decedent himself as to the options’ essentially testamentary purpose, as well as the sworn testimony of the grantee to the same effect, albeit a grantee who now testifies in changed circumstances that the options had a bona fide business purpose. Alternatively, petitioner argues that even if the option provisions do not control the values of the partnership interests, they nonetheless should be given “significant weight” in determining the values of decedent’s interests. The regulations state that the option price shall be “disregarded” in determining the value of a business interest unless it is determined that the option represents a bona fide business arrangement and not a substitute for testamentary disposition. Sec. 20.2031-2(h), Estate Tax Regs. Because we have determined that the option provision represents a substitute for testamentary disposition, the provision will be disregarded andPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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