Estate of H.A. True, Jr. - Page 323




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          arrangements and (2) book values equaled their fair market values           
          on the agreement dates.                                                     
               We preface the inquiry by noting that petitioners properly             
          raised the collateral estoppel issue in their petition.  See Rule           
          39.  The jurisdictional competency of the District Court in the             
          1971 and 1973 gift tax cases has not been questioned.  Judgments            
          were entered, and the Government did not appeal.  The parties to            
          the cases at hand were also parties to the 1971 and 1973 gift tax           
          cases (i.e., both petitioners and respondent were parties or                
          privies in the earlier gift tax cases and were bound by those               
          decisions).40  In sum, conditions (2) and (3) of the Peck                   
          requirements are satisfied.                                                 
                  1.    Bona Fide Business Arrangement Issue                          
               Petitioners argue that we are precluded from deciding                  
          whether the True Oil and Belle Fourche buy-sell agreements                  
          represented bona fide business arrangements under section                   
          20.2031-2(h), Estate Tax Regs., because the District Court                  
          implicitly made this determination in the 1971 and 1973 gift tax            
          cases.  We disagree with petitioners, because the issue was not             



               40Specifically, the taxpayers in the 1971 and 1973 gift tax            
          cases were:  Dave True, Jean True, Tamma Hatten, Hank True,                 
          Diemer True, and David L. True.  Petitioners in the cases at hand           
          are:  Dave True’s estate (considered his privy) and Jean True.              
          The fact that the True children are not parties, in their own               
          right, to the cases at hand does not cause the remaining parties            
          to fail Peck requirement 3.  See Peck v. Commissioner, 90 T.C.              
          162, 166-167 (1988), affd. 904 F.2d 525 (9th Cir. 1990).                    





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