Estate of H.A. True, Jr. - Page 68




                                       - 152 -                                        
          estate tax valuation purposes.  Likewise, Jean True’s sales to              
          her sons in 1994, shortly after her husband’s death, fulfilled              
          the couple’s overall testamentary plan to pass the family                   
          businesses to their sons.  These motivations for the sales were             
          not devoid of testamentary (or donative) intent.  In addition, we           
          have already discussed at length how the creation and continued             
          enforcement of the True companies’ book value buy-sell agreements           
          lacked indicia of arm’s-length dealing.  See supra pp. 101-144;             
          Harwood v. Commissioner, 82 T.C. at 258 (“We do not believe that            
          a transfer by a mother to her sons of her interest in the family            
          partnership, structured totally by the family accountant, with no           
          arm’s-length bargaining, can be characterized as a transaction in           
          the ordinary course of business.”).                                         
               Petitioners erroneously argue that section 2512(b) does not            
          apply to the lifetime sales by Dave and Jean True; therefore,               
          they provide no evidence and only conclusory statements to                  
          support their conclusion that the sales were made in the ordinary           
          course of business.                                                         
               In conclusion, because the buy-sell agreements do not                  
          establish gift tax fair market value, we must independently                 
          determine value and compare that value to consideration paid in             
          the 1993 and 1994 lifetime transfers to decide whether interests            
          in the True companies were transferred for less than adequate and           
          full consideration.  Any excess of the value of interests                   







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