Estate of H.A. True, Jr. - Page 13




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          1993 transfers in issue, Dave True had a history of back problems           
          and a chronic pulmonary insufficiency that required him to be on            
          oxygen full time.                                                           
               Courts have found that a decedent’s ill health at the time             
          he entered into a restrictive agreement indicated that he had               
          testamentary purposes for doing so.  See, e.g., St. Louis County            
          Bank v. United States, 674 F. 2d at 1210; Lauder I; Estate of               
          Slocum v. United States, 256 F. Supp. at 755.  Therefore, Dave              
          True’s good health in 1971 and 1973 does not lead to any                    
          inference of testamentary motive for his entry into those                   
          agreements.  The subsequent decline in Dave True’s health has no            
          direct bearing on the likelihood of testamentary purpose when the           
          agreements were originally entered into.                                    
                       b. No Negotiation of Buy-Sell Agreement Terms                  
               Petitioners have provided little evidence to show that the             
          parties negotiated the terms of the buy-sell agreements.                    
          Although the True children in their testimony consistently                  
          characterized communications with their father regarding the buy-           
          sell agreements as discussions, rather than as negotiations,                
          there is no evidence that any changes were made to the buy-sell             
          agreements as a result of those discussions.  The True children             
          did not receive independent legal or accounting advice when they            
          entered into the agreements, nor did they know who drafted them.            
          Further, certain facts suggest that the buy-sell agreement terms            
          were determined unilaterally by Dave True, based on his strong              





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