- 73 - consideration in money or money’s worth (adequacy of consideration test). No particular factor or test was weighted more heavily than another; but rather, courts considered all circumstances to determine whether buy-sell agreements were adopted for the principal purpose of achieving testamentary objectives. See St. Louis County Bank v. United States, 674 F.2d at 1210-1211; Lauder II; Estate of Carpenter, T.C. Memo. 1992- 653. 1. Testamentary Purpose Test Under the testamentary purpose test, factors indicating that a buy-sell agreement was not the result of arm’s-length dealing and was designed to serve a testamentary purpose included (1) the decedent’s ill health when entering into the agreement, see St. Louis County Bank v. United States, 674 F.2d at 1210; Estate of Lauder v. Commissioner, T.C. Memo. 1990-530 (Lauder I); Estate of Slocum v. United States, 256 F. Supp. at 755, (2) lack of negotiations between the parties before executing the agreement, see Bommer Revocable Trust v. Commissioner, T.C. Memo. 1997-380; Lauder II; Bensel v. Commissioner, 36 B.T.A. at 253 (finding no testamentary purpose due to evidence of hostile negotiations), (3) lack of (or inconsistent) enforcement of buy-sell agreements, see St. Louis County Bank v. United States, 674 F.2d at 1211; Estate of Bischoff v. Commissioner, 69 T.C. at 42 n.10 (finding that agreement was not a testamentary substitute due, in part, toPage: Previous 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Next
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