Estate of H.A. True, Jr. - Page 217




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          Issue 3.  Did Jean True Make Gift Loans When She Transferred                
          Interests in True Companies to Sons in Exchange for Interest-Free           
          Payments Received Approximately 90 Days After Effective Date of             
          Transfers?                                                                  
              On June 30, 1994, and July 1, 1994 (hereinafter sometimes               
          referred to as the notice dates), Jean True gave notice to her              
          sons that she wanted to sell her interests in 22 True companies.            
          The buy-sell agreements governing transfers of interests in the             
          companies provided that, upon giving this notice, Jean True                 
          became required to sell, and the sons became required to buy, her           
          interests.                                                                  
              The buy-sell agreements also provided that the “effective               
          date[s]” of the resulting sales were the notice dates.  From and            
          after June 30, 1994, the True companies treated the income and              
          expenses associated with the interests sold as belonging to the             
          sons, not to Jean True.  Moreover, the sales prices for Jean                
          True’s interests were not adjusted for any income or loss of,               
          distributions made by, or changes in the value of the True                  
          companies, after June 30, 1994.                                             
              Notwithstanding the foregoing, the buy-sell agreements gave             
          the sons 6 months from the notice dates to “consummate” the                 
          sales.  Jean True did not receive payment for her interests until           
          September 30, 1994, 3 months after the notice dates.  The total             
          amount she received, $13,298,978, did not include any interest to           
          compensate her for this 3-month delay.                                      








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