- 3 - OPINION ........................... 59 I. Do Family Buy-Sell Agreements Control Estate Tax Value? ............... 59 A. Framework for Analyzing Estate Tax Valuation Issues ................... 59 B. Development of Legal Standards ........ 61 1. Case Law Preceding Issuance of Regulations . 62 2. Regulatory Authority and Interpretive Rulings ................. 67 3. Case Law Following Issuance of Regulations and Revenue Ruling 59-60 ........ 70 a. Was Agreement Entered Into for Bona Fide Business Reasons? .......... 71 b. Was Agreement a Substitute for Testamentary Dispositions? ...... 72 1. Testamentary Purpose Test ...... 73 2. Adequacy of Consideration Test .... 74 4. Statutory Changes ............. 79 II. Do 1971 and 1973 Gift Tax Cases Have Preclusive Effect? ..................... 81 A. Petitioners’ Collateral Estoppel Argument ... 81 B. Legal Standards for Applying Collateral Estoppel ................... 82 C. Collateral Estoppel Impact of 1971 and 1973 Gift Tax Cases ................ 85 1. Bona Fide Business Arrangement Issue .... 86 2. Whether Book Value Equaled Fair Market Value as of Agreement Date Issue ..... 87 III. Do True Family Buy-Sell Agreements Control Estate Tax Values? ............... 90 A. Was the Offering Price Fixed and Determinable Under the Agreements? ............ 91 B. Were Agreements Binding During Life and at Death? ................ 91 C. Were Agreements Entered Into for Bona Fide Business Reasons? ........... 99 D. Were Agreements Substitutes for Testamentary Dispositions? ................ 101 1. Testamentary Purpose Test ......... 101 a. Decendent’s Health When He Entered Into Agreements .............. 101 b. No Negotiation of Buy-Sell Agreement Terms ................. 102 c. Enforcement of Buy-Sell Agreement Provisions ............... 107Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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