Estate of H.A. True, Jr. - Page 310




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          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, to           






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