Robert Dallas - Page 8

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          C.   Stock Transfers to Petitioner’s Children                               
               1.   1999 Stock Transfers From Petitioner to His Sons                  
               On a date not stated in the record, Rosenberg advised                  
          petitioner to transfer stock of DGA to trusts established for the           
          benefit of his sons in exchange for cash and notes signed by his            
          sons as trustees of the trusts for their benefit promising to pay           
          for the stock.  Petitioner wanted the notes to be deemed paid in            
          full if he died before all payments were made.4                             
               Rosenberg and Holt chose Empire to appraise DGA’s series B             
          stock to determine the price for a sale of the stock by                     
          petitioner to the trusts.  Petitioner and his sons agreed that              
          the trusts would buy the stock at the price set by Empire.                  
               Empire prepared a report dated November 15, 1999, and sent             
          it to Felowitz.  Empire concluded that the fair market value of             
          the series B shares was $620 as of September 30, 1999.  Empire              
          used the same methodology that it had used to appraise the DGA              
          shares held by Fay’s estate.  See par. B-4, above.                          
               On November 29, 1999, petitioner transferred 4,000 shares of           
          series B stock to the trust established for the benefit of Robert           
          and 4,000 shares to the trust established for the benefit of                
          David.  In return, each trust transferred to petitioner $248,000            
          in cash and a promissory note for $2,232,000 (collectively the              

               4  If the notes were deemed prepaid when petitioner died,              
          the value of the notes would not be included in his estate.                 






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