- 14 - 2053(c)(1)(A) for the $400,000 she agreed to pay Advance Leasing in exchange for the 4,000 additional shares. 4. Whether the Stock Subscription Transaction Was Contracted Bona Fide The estate contends that the $400,000 stock subscription agreement (the agreement to pay $400,000 in exchange for 4,000 shares of Advance Leasing common stock) was contracted bona fide. We disagree. “Contracted bona fide” means made in good faith and bargained for at arm’s length. Secs. 20.2043-1(a), 20.2053-4, Estate Tax Regs.; see Bank of New York v. United States, 526 F.2d 1012, 1015 (3d Cir. 1975); Estate of Morse v. Commissioner, 69 T.C. 408, 418 (1997), affd. 625 F.2d 133 (6th Cir. 1980). When family members adopt a course of action with the intent to pass on wealth, a deduction for the amount transferred is not permitted under section 2053 unless there was a bargained-for exchange. Estate of Huntington v. Commissioner, 16 F.3d 462, 467 (1st Cir. 1994), affg. 100 T.C. 313 (1993). McBride was decedent’s attorney in fact and Advance Leasing’s sole director and officer; thus, he was on both sides of the stock subscription transaction. That transaction must be subjected to enhanced scrutiny. See Bank of New York v. United States, supra at 1016- 1017; Estate of Woody v. Commissioner, 36 T.C. 900, 903 (1961). The estate contends that the stock subscription agreement was bona fide because: (1) Decedent wanted Advance Leasing toPage: 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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