Estate of Winifred Hughes, Deceased, Dean McBride, Executor and Trustee - Page 14

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         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 to               





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