- 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.Page: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
Last modified: May 25, 2011