Estate of H.A. True, Jr. - Page 289




                                       - 52 -                                         
          not consider Dave True’s ailments to be life threatening or his             
          death to be imminent at the time of his 1993 transfers.24                   
              Dave True timely filed a 1993 Federal gift tax return (Jean             
          True signed as consenting spouse) disclosing the transfers but              
          treating them as sales, thereby reporting no taxable gifts.                 
          Mr. Harris expected the return to be audited and the transaction            
          to be challenged by the IRS.  Dave True saw this risk as his                
          opportunity to test (through litigation) the existing buy-sell              
          agreements’ ability to fix transfer tax value of the True                   
          companies.                                                                  
              On March 3, 1997, respondent issued to the estate and to                
          Jean True, individually, duplicate Notices of Deficiency                    
          (collectively, 1993 gift tax notice), determining that the values           
          of interests transferred by Dave True in 1993 were higher than              
          reported book value.25  However, since issuing the original 1993            
          gift tax notice, respondent has conceded the reported values of             
          interests in Rancho Verdad and True Drilling that were                      
          transferred by Dave True in 1993.  Appendix schedule 1, infra,              



               24In response to a question from the Court, Mrs. True                  
          testified that Dave True had been a smoker, but that he hadn’t              
          smoked for some time before his death.  Mrs. True had previously            
          testified that Dave True was “on oxygen for chronic bronchitis              
          for about 2-1/2 years before he died.”                                      
               25Jean True’s notice of deficiency was identical to the                
          estate’s and was issued solely because she consented to split               
          gifts made by Dave True for calendar year 1993.                             





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