Estate of Pearl I. Amlie, Deceased, Rodney B. Amlie, Executor - Page 26

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          Tax Regs.  We have previously summarized those requirements 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. * * * [Estate of Lauder v.                   
               Commissioner, T.C. Memo. 1992-736; citations omitted.]                 
          Agreements that fail to meet these requirements are disregarded             
          in determining value.  See Estate of Weil v. Commissioner, 22               
          T.C. 1267, 1274 (1954); sec. 20.2031-2(h), Estate Tax Regs.                 
               Section 2703, enacted in 1990, also governs restrictive                
          agreements.  Omnibus Budget Reconciliation Act of 1990, Pub. L.             
          101-508, sec. 11602, 104 Stat. 1388-491.  The general rule of               
          section 2703 is that any agreement to acquire property at less              
          than its fair market value will be disregarded for Federal estate           
          tax purposes unless the agreement satisfies the requirements                
          enumerated in the statute.  Those requisites include the                    
          requirements of preexisting law that the agreement be a bona fide           
          business arrangement and not be a testamentary device, as well as           
          a new requirement that the terms of the agreement be comparable             
          to those of similar arrangements entered at arm's length.  Sec.             
          2703(b).                                                                    










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