Estate of Augusta Porter Forbes - Page 17




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          seller, neither being under any compulsion to buy or sell and               
          both having reasonable knowledge of the relevant facts.  See                
          United States v. Cartwright, 411 U.S. 546, 551 (1973); sec.                 
          20.2031-1(b), Estate Tax Regs.                                              
               At decedent’s death, the principal assets in the QTIP trust            
          were:                                                                       
               (1) A 42-percent undivided interest in the 3,321 acres of              
          the South Property and a 42.9-percent undivided interest in the             
          2,033 acres of the North Property; and                                      
               (2) the two notes from Walter and Betty, representing the              
          consideration received by the QTIP trustee when he sold the sole            
          proprietorship assets to the general partnership on August 1,               
          1986.                                                                       
          The Parties’ Contentions                                                    
               On brief, respondent concedes that the QTIP trustee received           
          full and adequate consideration for the sole proprietorship                 
          assets conveyed to the general partnership on August 1, 1986, and           
          that accordingly decedent’s estate does not include a right of              
          action for a bargain sale of assets by the QTIP trustee.  The               
          central dispute remaining, then, is the fair market value of the            
          QTIP trust’s undivided interests in the subject property, and               
          more particularly, whether these interests include beneficial               
          interests in the timber and pecan orchards on the subject                   
          property.                                                                   






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