Estate of H.A. True, Jr. - Page 61




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          less than adequate and full consideration, the amount by which              
          the value (as defined above) of property exchanged exceeds the              
          value of consideration received is deemed to be a gift.  See sec.           
          2512(b); Commissioner v. Wemyss, 324 U.S. 303, 306-307 (1945)               
          (“The section taxing as gifts transfers that are not made for               
          ‘adequate and full (money) consideration’ aims to reach those               
          transfers which are withdrawn from the donor’s estate.”); sec.              
          25.2512-8, Gift Tax Regs.  However, a sale, exchange, or other              
          transfer of property made in the ordinary course of business,               
          meaning a transaction that is bona fide, at arm’s length, and               
          free from any donative intent, will be considered as made for               
          adequate and full consideration.  See Commissioner v. Wemyss, 324           
          U.S. at 306-307; sec. 25.2512-8, Gift Tax Regs.  As previously              
          stated in the estate tax context, transactions within a family              
          group are subject to special scrutiny, such that there is a                 
          presumption that intrafamily transfers are gifts.  See Harwood v.           
          Commissioner, 82 T.C. 239, 259 (1984)(citing Estate of Reynolds             
          v. Commissioner, 55 T.C. at 201), affd. without published opinion           
          786 F.2d 1174 (9th Cir. 1986).                                              
               B. Buy-Sell Agreements Do Not Determine Value for Gift Tax             
                  Purposes                                                            
               It is well settled that restrictive agreements, such as the            
          buy-sell agreements at issue in the cases at hand, generally do             









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