Estate of H.A. True, Jr. - Page 266




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          testamentary devices; therefore, those opinions and the resulting           
          decisions did not provide adequate support for petitioners’                 
          reporting positions on the gift and estate tax returns.                     
              In having the estate tax return prepared, petitioners                   
          engaged Mr. Lax to value Dave True’s interests in the True                  
          companies as of June 3, 1994.  However, petitioners obviously did           
          not rely on Mr. Lax’s conclusions.  If they had done so, they               
          would not have grossly understated the date-of-death value of               
          Dave True’s interest in Belle Fourche and substantially                     
          understated the date-of-death value of his interest in Black                
          Hills Trucking.                                                             
              Unlike the taxpayers in Mandelbaum v. Commissioner, T.C.                
          Memo. 1995-255, Dave True and the True family had substantial               
          sophistication in legal, valuation, and tax matters; they were              
          accustomed to working with and using lawyers on both tax99 and              
          non-tax100 matters.  In fact, the family’s business policy                  


               99See, e.g., True v. United States, 190 F.3d 1165 (10th Cir.           
          1999); True Oil Co. v. Commissioner, 170 F.3d 1294 (10th Cir.               
          1999), affg. Nielson-True Partnership v. Commissioner, 109 T.C.             
          112 (1997); True v. United States, 35 F.3d 574 (10th Cir.                   
          1994)(unpublished opinion); True v. United States, 894 F.2d 1197            
          (10th Cir. 1990); True v. United States, 80 AFTR 2d 97-7918, 97-2           
          USTC par. 50,946 (D. Wyo. 1997); True v. United States, 72 AFTR             
          2d 93-5660, 93-2 USTC par. 50,461 (D. Wyo. 1993); True v. United            
          States, 629 F. Supp. 881 (D. Wyo. 1986); True v. United States,             
          547 F. Supp. 201 (D. Wyo. 1982); True v. United States, Docket              
          No. C79-131K (D. Wyo., Oct. 1, 1980)                                        
               100See, e.g., Walker v. Toolpushers Supply Co., 955 F. Supp.           
          1377 (D. Wyo. 1997); True Oil Co. v. Sinclair Oil Corp., 771 P.2d           
          781, 794 (Wyo. 1989); True v. High Plains Elevator Mach. Co., 577           
                                                             (continued...)           




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