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.
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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,…
1Opinion of the Court
SUPPLEMENTAL OPINION
Laro, Judge:
The dispute herein involves the Rule 155 computation mandated by the Court’s Memorandum Opinion filed as Estate of Trompeter v. Commissioner, T.C. Memo. 1998-35. The issue before the Court is one of first impression; namely, whether an estate’s underpayment for purposes of computing the fraud penalty is determined based solely on expenses which are included on the Federal estate tax return, or based on all deductible expenses including deficiency interest and professional fees which arise after the filing of the return.
We hold that the underpayment is…
2Cases cited21 opinions
- Badaracco v. CommissionerSupreme Court of the United States · 1984
- Manning v. Seeley Tube & Box Co.Supreme Court of the United States · 1950
- Auerbach Shoe Co. v. CommissionerUnited States Tax Court · 1953
- Ronald L. Lerch and Dalene Lerch v. Commissioner of Internal Revenue ServiceCourt of Appeals for the Seventh Circuit · 1989
- Auerbach Shoe Company v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1954
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3Cited by15 opinions
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- Beat v. United StatesDistrict Court, D. Kansas · 2010
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