- 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 toPage: Previous 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 Next
Last modified: May 25, 2011