- 141 - determine whether consideration was full and adequate, to resolve whether the formula price was binding for estate tax purposes. See id. After considering all the circumstances, and particularly the arbitrary manner in which the formula price was selected, we concluded that the agreements were adopted for the principal purpose of achieving testamentary objectives and were not binding for estate tax purposes. See id. Similarly, in the cases at hand we have weighed all material facts and conclude that the True companies’ buy-sell agreements were substitutes for testamentary dispositions. Therefore, the fourth prong (nontestamentary disposition prong) of the Lauder II test has not been satisfied. E. Conclusion: True Family Buy-Sell Agreements Do Not Determine Estate Tax Values The True family buy-sell agreements do not satisfy the Lauder II test, because they are substitutes for testamentary dispositions. As a result, under section 2031 and the related regulations, the tax book value buy-sell agreement price does not control estate tax values of interests in the True companies at issue in the estate tax case. Petitioners cite Estate of Hall v. Commissioner, 92 T.C. 312 (1989), in support of their position that the buy-sell agreement price should control estate tax value. In Estate of Hall, the estate of Joyce C. Hall, the founder of Hallmark Cards, Inc., reported the value of his Hallmark shares for estate tax purposesPage: Previous 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 Next
Last modified: May 25, 2011