Estate of Trompeter v. Commissioner
United States Tax Court
ESTATE OF EMANUEL TROMPETER, DECEASED, ROBIN CAROL TROMPETER GONZALEZ AND JANET ILENE TROMPETER POLACHEK, CO-EXECUTORS, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent *This opinion supplements our Memorandum Opinion in Estate of Trompeter v. Commissioner, T.C. Memo 1998-35. E, an estate, is subject to the fraud penalty of sec. 6663(a), I.R.C.
Read the full summary
ESTATE OF EMANUEL TROMPETER, DECEASED, ROBIN CAROL TROMPETER GONZALEZ AND JANET ILENE TROMPETER POLACHEK, CO-EXECUTORS, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent *This opinion supplements our Memorandum Opinion in Estate of Trompeter v. Commissioner, T.C. Memo 1998-35. E, an estate, is subject to the fraud penalty of sec. 6663(a), I.R.C. R computes this penalty based on E's underpayment as determined by taking into account only the deductions which were included on E's Federal estate tax return. E computes its underpayment by also taking into account deductions for expenses,…
1DissentRuwe, J.
The majority holds that in determining the “underpayment” on which the section 6663(a) fraud penalty is imposed, petitioner is allowed to deduct expenses that were incurred long after the fraudulent estate tax return was filed. Although there is no dispute that reasonable postreturn expenses are allowable for purposes of determining the ultimate estate tax, section 6663(a) specifically provides that the fraud penalty be imposed on “any part of any underpayment of tax required to be shown on a return”. (Emphasis added.) The majority interprets the highlighted portion of the statutory phrase as…
2Cases cited15 opinions
- Helvering v. MitchellSupreme Court of the United States · 1938
- Badaracco v. CommissionerSupreme Court of the United States · 1984
- D. Ginsberg & Sons, Inc. v. PopkinSupreme Court of the United States · 1932
- Manning v. Seeley Tube & Box Co.Supreme Court of the United States · 1950
- Auerbach Shoe Co. v. CommissionerUnited States Tax Court · 1953
10 more not listed; retrieve them via the Exa API.