- 102 - 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 strongPage: Previous 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 Next
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