Estate of H.A. True, Jr. - Page 296




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          alone acquired all the ranch property (real property and                    
          operating assets).  The District Court granted the Government’s             
          motion for summary judgment, designated as True v. United States,           
          No. 96-CV-1050-J, (Nov. 12, 1997), and held that the step                   
          transaction doctrine required the recharacterization of the                 
          ranchland exchange transactions as the IRS had determined.  On              
          appeal, the Court of Appeals for the Tenth Circuit affirmed the             
          District Court’s decision regarding the ranchland exchange                  
          transactions.  See True v. United States, 190 F.3d 1165, 1177-              
          1180 (10th Cir. 1999).  On November 15, 1999, the Court of                  
          Appeals for the Tenth Circuit denied petitioners’ petition for              
          rehearing and rehearing en banc.                                            
                                       OPINION                                        
          I.  Do Family Buy-Sell Agreements Control Estate Tax Value?                 
              Case law and regulatory authority have interpreted the                  
          general estate tax valuation provisions of section 2031 to                  
          include special rules that allow qualifying buy-sell agreements             
          to control estate tax fair market value.                                    
              A.  Framework for Analyzing Estate Tax Valuation Issues                 
              Federal estate tax is imposed on the transfer of the taxable            
          estate of every United States citizen or resident.  See sec.                
          2001(a); U.S. Trust Co. v. Helvering, 307 U.S. 57, 60 (1939).               
          The taxable estate is defined as the gross estate less prescribed           
          deductions. See sec. 2051.  All property interests owned by the             






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