Estate of H.A. True, Jr. - Page 248




                                       - 316 -                                        
              As discussed supra under Issue 2 of this opinion, we have               
          found that Jean True’s sales of her interests in True Oil,                  
          Eighty-Eight Oil, True Ranches, Belle Fourche, and Black Hills              
          Trucking gave rise to taxable gifts, because the fair market                
          value of Jean True’s interests in those companies exceeded the              
          sales prices for those interests determined under the buy-sell              
          agreements.  This establishes that the sales of Jean True’s                 
          interests in those companies, including the parts of the deferred           
          payment arrangement relating to those sales, were not                       
          transactions in the ordinary course of business and were gifts.             
          See Frazee v. Commissioner, 98 T.C. at 589.                                 
              With respect to the sales of Jean True’s interests in the               
          remainder of the 22 True companies, respondent has not asserted             
          that the formula sales prices were less than fair market value.             
          We have found, however, that Jean True transferred the benefits             
          and burdens of ownership of her interests in those companies to             
          her sons on the notice dates, even though the sons were not                 
          required to pay for those interests until 6 months after those              
          dates.  We believe that parties dealing at arm’s length would not           
          have transferred ownership of such business interests on these              
          terms.  Independent parties would have required either the                  
          payment of interest on the purchase price during the period from            
          the notice dates to the payment date, or an adjustment to the               








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