- 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 interestsPage: Previous 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 Next
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