Estate of H.A. True, Jr. - Page 56




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          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 purposes           






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