- 140 - Thus, petitioners could have predicted that the ranchland exchange transactions would create a disparity in which actual fair market value would exceed the tax book value formula price under the True Ranches buy-sell agreement.52 3. True Family Buy-Sell Agreements Were Substitutes for Testamentary Dispositions To summarize, we have found facts indicating that the buy- sell agreements at issue in these cases (1) were not the result of arm’s-length dealings and served Dave True’s testamentary purposes and (2) included a tax book value formula price that was not comparable to a price that would be negotiated by adverse parties dealing at arm’s length and would not, over time, be expected to bear a reasonable relationship to the unrestricted fair market value of the ownership interests in the True companies. In Lauder II, certain facts regarding how the agreement was entered into allowed us to infer that the buy-sell agreements served testamentary purposes. We then went on to 52The Trues argued that evidence of legitimate business purposes for the ranchland exchange transactions should render the step transaction doctrine inapplicable. They advanced an analogous argument in the cases at hand. The Court of Appeals for the Tenth Circuit acknowledged the evidence of business purposes, but held that such evidence was not dispositive and that the step transaction doctrine should still apply. See True v. United States, 190 F.3d 1165, 1176-1177 (10th Cir. 1999). We also note the following observation of the Court of Appeals for the Tenth Circuit: “None of the individual steps in the ranchland [exchange] transaction is the type of business activity we would expect to see in a bona fide, arm’s length business deal between unrelated parties”. True v. United States, 190 F.3d at 1179.Page: Previous 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 Next
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