Estate of H.A. True, Jr. - Page 293




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          steps, described as follows (generally, ranchland exchange                  
          transactions):  First, instead of True Ranches directly acquiring           
          the ranchlands, the True family arranged for Smokey Oil Co.                 
          (Smokey Oil) to purchase the parcels of real property for an                
          aggregate purchase price of over $6.8 million, while True Ranches           
          acquired the operating assets of each ranch.  At the time, Smokey           
          Oil (a Wyoming S corporation) was owned by Dave True (72.3935               
          percent), Jean True (24.1316 percent), and the True sons (1.1583            
          percent each).  Second, Smokey Oil transferred the ranchlands to            
          True Oil in exchange for selected productive oil and gas leases,            
          which the parties treated as a like-kind, tax-free exchange under           
          section 1031.  Third, True Oil immediately distributed the newly            
          acquired ranchlands to the individual partners of True Oil (Dave            
          and Jean True and the True sons) as tenants in common.  Fourth,             
          the partners then contributed their undivided interests in the              
          ranchlands to True Ranches by general warranty deed.  The                   
          partnership distribution and contribution transactions were                 
          treated as nonrecognition transactions under sections 721 and               
          731.                                                                        
              The intent of the True family in carrying out this series of            
          acquisitions, transfers, and exchanges was to create income tax             
          benefits.  Through the operation of section 1031(d), which                  
          essentially provides that the basis of property received in a               
          nonrecognition exchange is the same as the basis of property                






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