- 2 - terms under which B would redeem D’s shares on D’s death, but leaving unchanged the provision requiring the consent of other shareholders for lifetime transfers. The modified price was substantially below the price that would have been payable pursuant to the unmodified agreement. D died, and B redeemed his shares as set forth in the modified agreement. D’s estate reported the value of the shares D held at death as equal to the price set forth in the modified agreement. Held: The modified agreement is disregarded for purposes of determining the value of D’s shares for Federal estate tax purposes because D had the unilateral ability to modify the agreement, rendering the agreement not binding during D’s lifetime, as required by sec. 20.2031-2(h), Estate Tax Regs. Held, further: Sec. 2703, I.R.C., applies to the modified agreement because the 1996 modification, which occurred after the effective date of sec. 2703, I.R.C., was a substantial modification. Held, further: The modified agreement is also disregarded under sec. 2703(a), I.R.C., because it fails to satisfy sec. 2703(b)(3), I.R.C., which requires that the terms of the agreement be comparable to similar arrangements entered into by persons in an arm’s-length transaction. Held, further: Fair market value of D’s shares determined. R. Douglas Wright, Larry S. Pike, Alfred B. Adams, III, and Sara L. Doyle, for petitioner. Travis Vance, III, for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011