Bank of West v. Commissioner
United States Tax Court
As executor of an estate, P filed an untimely estate tax return reporting the value of an interest in certain real estate as $ 409,062 and paid only part of the reported estate tax before distributing the assets of the estate. Held, the return did not overstate the value of decedent's interest in the real property and P is liable as fiduciary under sec. 3713(b), title 31, U.S.C.
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As executor of an estate, P filed an untimely estate tax return reporting the value of an interest in certain real estate as $ 409,062 and paid only part of the reported estate tax before distributing the assets of the estate. Held, the return did not overstate the value of decedent's interest in the real property and P is liable as fiduciary under sec. 3713(b), title 31, U.S.C. (1982), for an assessment of the unpaid estate tax shown on the return, additions to tax under sec. 6651(a)(1) and ( 2), I.R.C., and interest.
1Opinion of the Court
Bank of the West, Trustee, Executor and Fiduciary of the Estate of George W. Milias, Petitioner v. Commissioner of Internal Revenue, Respondent
Bank of West v. Commissioner
Docket No. 23220-88
United States Tax Court
93 T.C. 462; 1989 U.S. Tax Ct. LEXIS 131; 93 T.C. No. 37;
October 11, 1989October 11, 1989, Filed
Decision will be entered for the respondent.
As executor of an estate, P filed an untimely estate tax return reporting the value of an interest in certain real estate as $ 409,062 and paid only part of the reported estate tax before distributing the assets of the estate. Held, the return…
2Cases cited18 opinions
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- The Estate of Mary Frances Smith Bright, Deceased, by H. R. Bright, Independent v. United StatesCourt of Appeals for the Fifth Circuit · 1981
- Propstra v. United StatesCourt of Appeals for the Ninth Circuit · 1982
- County of Spokane v. United StatesSupreme Court of the United States · 1929
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