- 80 - applied to agreements, options, rights, or restrictions entered into, granted, or substantially modified after October 8, 1990.36 See OBRA sec. 11602(e)(1)(A)(ii), 104 Stat. 1388-500. The Senate bill (S. 3209) explained that the rules requiring options, rights, or restrictions (1) to be bona fide business arrangements and (2) not to be devices to transfer property to members of the decedent’s family for less than full and adequate consideration in money or money’s worth, see secs. 2703(b)(1) and 35(...continued) (a) General Rule.--For purposes of this subtitle, the value of any property shall be determined without regard to-- (1) any option, agreement, or other right to acquire or use the property at a price less than the fair market value of the property (without regard to such option, agreement, or right), or (2) any restriction on the right to sell or use such property. (b) Exceptions.--Subsection (a) shall not apply to any option, agreement, right, or restriction which meets each of the following requirements: (1) It is a bona fide business arrangement. (2) It is not a device to transfer such property to members of the decedent’s family for less than full and adequate consideration in money or money’s worth. (3) Its terms are comparable to similar arrangements entered into by persons in an arms’ length transaction. 36We summarize sec. 2703 to complete our analysis of the evolution of legal standards on the ability of buy-sell agreements to control estate tax value. However, the parties have stipulated that the provisions of sec. 2703 do not apply to the cases at hand. See supra note 23.Page: Previous 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 Next
Last modified: May 25, 2011