- 298 - 30, 1994, 3 months after the notice dates. We hereinafter refer to the deferred payment of the sales price for Jean True’s interests, pursuant to the provisions of the buy-sell agreements giving the parties up to 6 months to “consummate” the sales, as the deferred payment arrangement. The amount Jean True received on the payment date, $13,298,978, was equal to the sum of the formula prices for the interests she sold, calculated as provided in the buy-sell agreements. This sum did not include any stated interest or any other adjustments to take account of the 3-month period between the notice dates and the payment date. Respondent asserts that the sales of Jean True’s interests were completed for tax purposes on June 30, 1994, because the benefits and burdens of ownership were transferred on that date. Respondent further asserts that because the deferred payment arrangement allowed 3 months to pass between the sale completion date and the payment date, Jean True effectively lent her sons (during that 3-month period) an amount equal to the $13,298,978 sales proceeds she was entitled to receive. Finally, respondent asserts that this loan was in the nature of a gift, and that Jean True therefore made a taxable gift to her sons of the value of the use of the sale proceeds from June 30, 1994, to September 30, 1994. Respondent has continued to assert, as determined by the statutory notice, that the value of Jean True’s gift is $192,307.Page: Previous 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 Next
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