- 26 - An exception to the general valuation rule exists where the property in question is subject to an enforceable buy-sell agreement. See, e.g., St. Louis County Bank v. United States, 674 F.2d 1207, 1210 (8th Cir. 1982); Bommer Revocable Trust v. Commissioner, T.C. Memo. 1997-380. However, for a buy-sell agreement to control value for Federal estate tax purposes, it must meet certain requirements set forth in section 20.2031-2(h), Estate Tax Regs., Rev. Rul. 59-60, 1959-1 C.B. 237, and the caselaw. We summarized those requirements in Estate of Lauder v. Commissioner, T.C. Memo. 1992-736, as follows: It is axiomatic that the offering price must be fixed and determinable under the agreement. In addition, the agreement must be binding on the parties both during life and after death. Finally, the restrictive agreement must have been entered into for a bona fide business reason and must not be a substitute for a testamentary disposition. [Citations omitted.] Buy-sell agreements that fail to meet these requirements are disregarded in determining value. Estate of Weil v. Commissioner, 22 T.C. 1267, 1274 (1954); Estate of Lauder v. Commissioner, supra; sec. 20.2031-2(h), Estate Tax Regs.14 14 While sec. 20.2031-2(h), Estate Tax Regs., provides that agreements not binding during life will be accorded “little weight”, whereas binding-during-life agreements found to be testamentary devices will be “disregarded”, this difference in nomenclature carries no practical import. See, e.g., Hoffman v. Commissioner, 2 T.C. 1160, 1178-1180 (1943) (agreement not binding during life disregarded), affd. sub nom. Giannini v. Commissioner, 148 F.2d 285 (9th Cir. 1945); Estate of Caplan v. (continued...)Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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