Legal Opinion

Estate of Rosen v. Comm'r

United States Tax Court

Decided October 20, 2008No. 18844-04Published

On June 4, 2001, D's estate (E) filed D's 2000 Federal income tax return and paid the liability reported on that return. On July 7, 2001, E filed D's Federal estate tax return and paid the liability reported on that return. On Aug. 13, 2001, R mistakenly assessed only part of the liability reported on the income tax return and refunded to E the portion of the income tax payment exceeding that assessment.

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On June 4, 2001, D's estate (E) filed D's 2000 Federal income tax return and paid the liability reported on that return. On July 7, 2001, E filed D's Federal estate tax return and paid the liability reported on that return. On Aug. 13, 2001, R mistakenly assessed only part of the liability reported on the income tax return and refunded to E the portion of the income tax payment exceeding that assessment. On or about Aug. 24, 2001, E voided the refund check and returned the check to R with a letter stating that the refund was apparently made in error. On Sept. 3, 2001, R assessed the tax…

1Opinion of the Court

ESTATE OF LEONARD ROSEN, DECEASED, BERNICE SIEGEL, SPECIAL ADMINISTRATOR, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Estate of Rosen v. Comm'r

No. 18844-04

United States Tax Court

131 T.C. 75; 2008 U.S. Tax Ct. LEXIS 26; 131 T.C. No. 8;

October 20, 2008, Filed

On June 4, 2001, D's estate (E) filed D's 2000 Federal income tax return and paid the liability reported on that return. On July 7, 2001, E filed D's Federal estate tax return and paid the liability reported on that return. On Aug. 13, 2001, R mistakenly assessed only part of the liability reported on the income tax return and…

2Cases cited12 opinions

  1. United States v. DalmSupreme Court of the United States · 1990
  2. Lewis v. ReynoldsSupreme Court of the United States · 1932
  3. Jones v. Liberty Glass Co.Supreme Court of the United States · 1948
  4. Urbano v. Comm'rUnited States Tax Court · 2004
  5. Savage v. CommissionerUnited States Tax Court · 1999

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