- 126 - in cases that preceded the enactment of section 2703. See, e.g., Dorn v. United States, 828 F.2d 177 (3d Cir. 1987); Estate of Littick v. Commissioner, 31 T.C. 181 (1958); Bensel v. Commissioner, 36 B.T.A. 246 (1937); Lauder II; Estate of Carpenter v. Commissioner, T.C. Memo. 1992-653. Thus, although this requirement was not explicitly set out in section 20.2031- 2(h), Estate Tax Regs. (as noted in the legislative history of section 2703), the arm’s-length requirement has always been a factor used by courts to decide whether a buy-sell agreement’s price was determinative of value for estate tax purposes. Further, we do not believe that the heightened scrutiny applied to intrafamily buy-sell agreements essentially creates a presumption of testamentary purpose that can only be rebutted by a showing that the agreement satisfied the arm’s-length requirement. As we have stated many times, no one factor is dispositive, and all circumstances must be evaluated to determine whether a buy-sell agreement is intended to serve as a substitute for a testamentary disposition. Even if we were to treat the arm’s-length requirement as a “super factor” in our analysis, an impermissible, retroactive application of section 2703 would not result. The arm’s-length requirement played the same role in pre-section 2703 case law. After surveying the cases that apply (either implicitly or explicitly) the section 20.2031-2(h), Estate Tax Regs., requirement that a buy-sell agreement cannot be a testamentaryPage: Previous 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 Next
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