Estate of H.A. True, Jr. - Page 228




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          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.           





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