Estate of H.A. True, Jr. - Page 24




                                       - 112 -                                        
                         e.  Failure To Obtain or Rely on Appraisals                  
                         in Selecting Formula Price                                   
               Dave True obtained an appraisal (the B. Allen report) of               
          True Oil’s oil and gas reserves contemporaneously with the 1973             
          gifts to his children.  Mr. Harris had suggested the appraisal              
          because he expected the tax book value gift valuation to be                 
          challenged by the IRS.  Petitioners provided no evidence of                 
          contemporaneous appraisals of any of the other True companies.              
          The B. Allen report found that, as of August 1, 1973, the fair              
          market value of True Oil’s oil and gas properties was $9,941,000.           
          SRC later used this information to prepare its forensic appraisal           
          of True Oil in connection with the 1973 gift tax case.  SRC                 
          determined that the freely traded value of an 8-percent interest            
          in True Oil (as of August 1, 1973) would have been $535,000, as             
          compared with the tax book value of $54,653.  The results of the            
          B. Allen report were discussed at family meetings, but there is             
          no clear evidence that the children reviewed the report in detail           
          before signing the True Oil buy-sell agreement.                             
               Petitioners suggest that the logical inferences to be drawn            
          from the procurement of the B. Allen report were that:  (1) Dave            
          True wanted to assure that his children had sufficient knowledge            
          of True Oil’s asset values so that their consent to the book                
          value price was informed, and (2) he obtained the report to help            
          determine whether to use a tax book value formula price in True             
          Oil’s buy-sell agreement.  While these may have been secondary              






Page:  Previous  102  103  104  105  106  107  108  109  110  111  112  113  114  115  116  117  118  119  120  121  Next

Last modified: May 25, 2011