Armstrong v. Commissioner
United States Tax Court
D transferred a substantial portion of his assets to Ps within 3 years of his death. After paying the Federal gift taxes associated with these gifts, D was nearly insolvent. Following D's death, R determined a deficiency in Federal estate tax due from D's estate attributable to the estate's failure to include in the gross estate the gift taxes that D paid on the aforementioned gifts. See sec. 2035(c), I.R.C.
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D transferred a substantial portion of his assets to Ps within 3 years of his death. After paying the Federal gift taxes associated with these gifts, D was nearly insolvent. Following D's death, R determined a deficiency in Federal estate tax due from D's estate attributable to the estate's failure to include in the gross estate the gift taxes that D paid on the aforementioned gifts. See sec. 2035(c), I.R.C. R subsequently issued notices of transferee liability to Ps who filed timely petitions for redetermination with the Court. Ps filed motions for partial summary judgment alleging that they…
1Opinion of the Court
OPINION
Dawson, Judge:
These cases were assigned to Chief Special Trial Judge Peter J. Panuthos, pursuant to the provisions of section 7443A(b)(5) and Rules 180, 181, and 183.2 The Court agrees with and adopts the opinion of the Special Trial Judge, which is set forth below.
OPINION OF THE SPECIAL TRIAL JUDGE
Panuthos, Chief Special Trial Judge:
These cases are before the Court on petitioners’ motions for partial summary judgment. Petitioners contend that they are entitled to summary judgment that they are not liable as transferees. As discussed in detail below, we will deny petitioners’ motions.
Ba…
2Cases cited9 opinions
- Sundstrand Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1994
- Sundstrand Corp. v. CommissionerUnited States Tax Court · 1992
- Naftel v. CommissionerUnited States Tax Court · 1985
- Zaentz v. CommissionerUnited States Tax Court · 1988
- Schuster v. CommissionerCourt of Appeals for the Ninth Circuit · 1962
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Estate of Armstrong v. United StatesCourt of Appeals for the Fourth Circuit · 2002
- Estate of Armstrong v. Comm'rUnited States Tax Court · 2002
- Frank Armstrong, Jr. Trust Ex Rel. Arm. v. United StatesDistrict Court, W.D. Virginia · 2001
- Steinberg v. CommissionerUnited States Tax Court · 2013
- Armstrong v. CommissionerUnited States Tax Court · 2000
7 more not listed; retrieve them via the Exa API.