- 47 - participants, who were BCC’s employees and not members of decedent’s family. We are persuaded that the ESOP participants, who had no personal relationship with decedent outside of work, were not the natural objects of decedent’s bounty. Thus, the Modified 1981 Agreement is not a device to pass decedent’s BCC shares to either his family or the natural objects of his bounty for less than adequate consideration, and the estate has satisfied section 2703(b)(2).26 We need not decide whether decedent’s designation of a below-market redemption price for his shares in the Modified 1981 Agreement, which was based on his understanding of BCC’s available cash after accounting for operational cash needs and the obligation to repurchase the shares of the ESOP participants, constitutes a bona fide business arrangement under section 2703(b)(1), because we conclude that the estate has not shown 26 Sec. 2703(b)(2) uses the term “family”, while sec. 25.2703-1(b)(1)(ii), Gift Tax Regs., uses the term “natural objects of the transferor’s bounty” when referring to transferees of property for less than adequate consideration. Sec. 20.2031- 2(h), Estate Tax Regs., also uses the term “natural objects of * * * [the transferor’s] bounty”. Legislation amending sec. 2703(b)(2) to conform the statute’s language to the regulations has twice been passed in the House of Representatives, but never enacted. See 137 Cong. Rec. 35312, 35323 (1991); 138 Cong. Rec. 17691, 17729 (1992); H. Rept. 102-631, at 326 (1992). Because we find that the ESOP participants were neither decedent’s family nor the natural objects of his bounty, we do not reach the question of whether these terms should be treated as synonymous for purposes of sec. 2703.Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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