- 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 thePage: Previous 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 Next
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