Estate of H.A. True, Jr. - Page 294




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          transferred, Smokey Oil received depletable oil and gas leases              
          with the same cost basis as the nondepreciable ranchlands it had            
          transferred in the exchange with True Oil.  This allowed Smokey             
          Oil to claim cost depletion deductions for the leases on its tax            
          returns for 1989 and 1990 under section 612, which, if sustained,           
          would have resulted in substantial income tax savings to the True           
          family.  True Oil, on the other hand, received the nondepreciable           
          ranchlands with a zero basis because the oil and gas leases it              
          exchanged pursuant to section 1031 were fully cost depleted.                
          Through subsequent transfers, True Ranches acquired the                     
          ranchlands with the same zero basis as True Oil’s oil and gas               
          leases.  By so doing, the True family intended to reap the tax              
          benefits of turning nondepreciable assets (ranchlands) into cost-           
          depletable assets (oil and gas leases) in the hands of Smokey               
          Oil.  In addition, the ranchland exchange transactions rid True             
          Oil of fully cost-depleted assets (oil and gas leases) and gave             
          True Ranches a zero basis in otherwise nondepreciable assets                
          (ranchlands).                                                               
              If these transactions had been effective for income tax                 
          purposes, they would also have created transfer tax benefits by             
          reducing the prices payable under the True Ranches and Smokey Oil           
          buy-sell agreements.  They would have reduced the book value of             
          the ranchlands to zero and thereby reduced the book value formula           
          prices to be paid for partnership interests in True Ranches under           






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