Estate of H.A. True, Jr. - Page 226




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          following companies:  True Oil, Eighty-Eight Oil, True Ranches,             
          Belle Fourche, and Black Hills Trucking.                                    
              As a result of Dave True’s death on June 4, 1994, Jean True             
          acquired part of the stock and partnership interests she                    
          ultimately sold to her sons.  Dave True’s death triggered the               
          buy-sell agreements and required Jean True and the sons to buy              
          the interests formerly held by Dave True.                                   
              The sales of stock triggered by Dave True’s death apparently            
          were not formally closed until about September 20, 1994.                    
          Although the record does not establish precisely what happened on           
          September 20, 1994, it appears that the reissuance of stock                 
          certificates to reflect the transfer of ownership from Dave True            
          to Jean True and the sons was authorized on that date.  However,            
          the buy-sell agreements defined the effective date of these                 
          transfers as the date of Dave True’s death.  Consistent with this           
          definition, the minutes of the board meetings concerning the                
          reissuance of Dave True’s stock treat Dave True’s death as the              
          date ownership of the stock was transferred to Jean True and the            
          sons.83                                                                     
              On a schedule attached to Jean True’s amended Federal gift              
          tax return for 1994, Jean True reported the 1994 sales of her               
          interests to her sons as gifts with a “Value at date of gift” of            


               83Respondent has not determined or otherwise asserted that             
          any gift loans resulted from the sales triggered by Dave True’s             
          death on June 4, 1994, even though some of those sales may not              
          have been formally closed until Sept. 20, 1994.                             




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