Estate of H.A. True, Jr. - Page 52




                                       - 138 -                                        
               The True family’s use of tax book value formula pricing for            
          companies that engage in ranching and exploratory drilling for              
          oil and gas further suggests an intention to transfer interests             
          for less than adequate and full consideration.  Congress has                
          granted various tax incentives to the oil and gas industry, which           
          include the current write-off of IDC’s and the deduction of cost            
          or percentage depletion, whichever is higher.  Those incentives             
          reduce book value for tax purposes, sometimes creating anomalous            
          results such as True Oil’s negative book value at the time of               
          Tamma Hatten’s sale.  Some of the incentives create only short-             
          term timing differences between books reported on tax versus                
          financial accounting bases (e.g., accelerated depreciation),                
          while others create long-term or permanent differences (compare             
          current deduction of IDC’s to full cost method of accounting for            
          exploration costs).                                                         
               Additionally, tax incentives granted to the farming and                
          ranching industries also create distortions between tax book                
          value and underlying fair market value.  Because True Ranches               
          deducted (when paid) feed and other costs incurred to raise                 
          livestock, none of those costs were capitalized as basis.                   
          Therefore, raised livestock had no book value on True Ranches’              
          tax basis books.                                                            
               These facts suggest that the True family should have known,            
          at the time the buy-sell agreements were executed, that tax book            
          value would probably not bear a reasonable relationship to                  





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Last modified: May 25, 2011