- 288 - 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.Page: Previous 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 Next
Last modified: May 25, 2011