- 13 - financial statements. According to the estate tax return for the Estate of Bob Hughes, the stock of Advance Leasing had a fair market value of zero as of April 10, 1996. Advance Leasing had net losses of $66,672 for 1994, $50,995 for 1995, and $40,526 for 1996. Even taking into account decedent’s $400,000 note, Advance Leasing had a negative total net worth of $22,110 at the end of 1997 and $23,356 at the end of 1998.7 Advance Leasing used the entire $400,000 it received in 1999 from decedent to repay some of the more than $900,000 it then owed to HELP. Thus, the $400,000 payment to HELP directly benefited decedent’s children and grandchildren. We do not believe that the value of Advance Leasing’s stock increased from zero on April 10, 1996 (as reported on the estate tax return for Bob Hughes which McBride signed) to $400,000 on April 29, 1997, and then fell to zero on July 25, 1999 (the date decedent died, as reported on decedent’s estate tax return also signed by McBride). We conclude that the 4,000 shares issued to decedent had little or no value when McBride signed the stock subscription agreement on April 29, 1997.8 Thus, decedent did not receive full and adequate consideration as required by section 7 As discussed supra, Advance Leasing’s 1997 and 1998 financial statements did not reflect the additional 4,000 shares issued to decedent and the $400,000 stock subscription agreement note payable to Advance Leasing. 8 Neither party offered expert testimony on the value of Advance Leasing stock on Apr. 29, 1997.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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