Estate of H.A. True, Jr. - Page 317




                                       - 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.                                      




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