Estate of Pearl I. Amlie, Deceased, Rodney B. Amlie, Executor - Page 36

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          conservator's fiduciary obligations to decedent.27  We think                
          these were "valid life oriented business reasons" akin to those             
          underlying the option agreement that passed muster in Cobb v.               
          Commissioner, T.C. Memo. 1985-208 (option agreement allowing                
          below-market purchase at decedent's death served business purpose           
          of encouraging effective management of, and reducing risk of                
          operating, decedent's rental property).                                     
               Respondent argues that the 1995 FSA cannot meet the                    
          requirement of section 2703(b)(1) because the agreement's                   
          subject, decedent's FABG stock, was not an actively managed                 
          business interest but merely an investment asset.  We rejected              
          such an argument in Estate of Bischoff v. Commissioner, 69 T.C.             
          32, 40-41 (1977), and find it equally unpersuasive here.  In our            
          view, an agreement that represents a fiduciary's efforts to hedge           
          the risk of the ward's holdings may serve a business purpose                
          within the meaning of section 2703(b)(1).  In addition, planning            
          for future liquidity needs of decedent's estate, which was also             
          one of the objectives underlying the 1995 FSA, constitutes a                
          business purpose under section 2703(b)(1).  See 136 Cong. Rec.              
          30,539 (1990).                                                              




               27 We note in this regard that the district court concluded            
          that the 1995 FSA was in decedent's best interest.                          






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