- 9 - 1. Theft. The redemption constituted a theft under state law. * * * 2. Fraud. No gift was made because Petitioner was swindled. * * * 3. Mistake. Under Hawaii law, a party to a contract may rescind a contract on the basis of unilateral mistake. * * * 4. Bad Business Bargain. A transaction entered into in the ordinary course of business will be considered as made for full and adequate consideration in money or money’s worth. * * * Since the redemption was entered into in the ordinary course, there was no gift. Moreover, the fact that a familial relationship existed between Petitioner and the buyer does not preclude the defense of a bad business bargain. [Citations Omitted.] Petitioner’s memorandum concludes: Petitioner intends to prove that the redemption was a theft procured by fraud, that she lacked donative intent and the transaction must be rescinded on the basis of mistake. Alternatively, the redemption was a bad business bargain. As a further alternative theory, Petitioner will prove that the fair market value of the stock was $3 million on the date of redemption. Under either theory, no gift tax is owed. Respondent’s Memorandum of Issues Respondent’s memorandum sets out the following issues of fact: 1. Whether the redemption of Petitioner’s 56.7% interest in Pepsi-Cola Alton Bottling, Inc. (PCAB) on May 1, 1987, for $3,000,000, payable by way of a 10- year promissory note (providing for monthly payments of interest only at 8% for the entire 10-year term) constituted a taxable gift to her son, Nikita Maggos (Nikita), the owner of the remaining 43.3% of PCAB. A. Whether the redemption of Petitioner’s PCAB stock at a stated redemptionPage: 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