Estate of Fred O. Godley, Deceased, Fred D. Godley, Administrator CTA - Page 21




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          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 and               






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Last modified: May 25, 2011