Estate of H.A. True, Jr. - Page 71




                                       - 155 -                                        
          not limited to the formula price) are to be disregarded in                  
          determining fair market value for estate tax purposes.                      
              Rev. Rul. 59-60, 1959-1 C.B. 237, which provides valuation              
          guidance for both estate and gift tax purposes, states that a               
          buy-sell agreement is a factor to consider with other relevant              
          factors in determining fair market value.  It further provides              
          that it is always necessary to determine whether the agreement              
          represents a bona fide business arrangement or is a testamentary            
          device.  See id.  We take these statements, together with Lauder            
          III and its interpretation of section 20.2031-2(h), Estate Tax              
          Regs., to mean that the same rule should apply to disregard                 
          noncontrolling buy-sell agreements for gift tax and estate tax              
          valuation purposes.  Cf. Estate of Reynolds v. Commissioner, 55             
          T.C. at 194 (holding that voting trust agreement preemption                 
          provisions should not be disregarded in consolidated gift and               
          estate tax cases because the agreement was not a testamentary               
          device).                                                                    
          Issue 2.  If True Family Buy-Sell Agreements Do Not Control                 
          Values, What Are Estate and Gift Tax Values of Subject Interests?           
                                  FINDINGS OF FACT                                    
              After respondent’s concessions, the transferred interests               
          whose values remain in dispute are:  True Oil, Eighty-Eight Oil,            
          and True Ranches, to be valued as of January 1, 1993, June 4,               
          1994, and June 30, 1994; Belle Fourche and Black Hills Trucking,            
          to be valued as of June 4, 1994, and June 30, 1994; and White               






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