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,…
1ConcurrenceSwift, J.
Judge Ruwe’s dissent acknowledges that under section 2053(a) an estate, or a preparer of an estate tax return, may estimate and claim on the estate tax return expenses not yet incurred if such expenses are reasonably anticipated and an amount therefor can be reasonably estimated. See sec. 20.2053-(b)(3), Estate Tax Regs.
In Estate of Trompeter v. Commissioner, T.C. Memo. 1998-35, we found that the executor in this case “knowingly” filed a fraudulent estate tax return. Because the fraud was “known” at the time the estate tax return was filed, it would appear that it would not have been…
2Cases cited3 opinions
- Dutcher v. CommissionerUnited States Tax Court · 1960
- The Hibernia Bank, Administrator With the Will Annexed of the Estate of Celia Tobin Clark, Deceased v. The United States of AmericaCourt of Appeals for the Ninth Circuit · 1978
- Boise Cascade Corp. v. United States Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 1991