Legal Opinion

Estate of Heller v. Comm'r

United States Tax Court

Decided September 26, 2016No. Docket No. 11390-12PublishedCited by 1 opinion

E held a 99% interest in L, which held an account with MS as its only asset. L distributed to E a portion of the funds from the MS account, and E used those funds to pay estate taxes and administrative expenses. Before E could distribute its remaining assets to D's beneficiaries, MS' chairman was arrested on, and pleaded guilty to, charges relating to a Ponzi scheme.

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E held a 99% interest in L, which held an account with MS as its only asset. L distributed to E a portion of the funds from the MS account, and E used those funds to pay estate taxes and administrative expenses. Before E could distribute its remaining assets to D's beneficiaries, MS' chairman was arrested on, and pleaded guilty to, charges relating to a Ponzi scheme. As a result of the Ponzi scheme, the MS account became worthless, and E, on its Federal estate tax return, deducted a theft loss relating to its interest in L. In a notice of deficiency issued to E, R determined that E was not…

1Opinion of the Court

ESTATE OF JAMES HELLER, DECEASED, BARBARA H. FREITAG, HARRY H. FALK, AND STEVEN P. HELLER, CO-EXECUTORS, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Estate of Heller v. Comm'r

Docket No. 11390-12

United States Tax Court

2016 U.S. Tax Ct. LEXIS 28; 147 T.C. No. 11;

September 26, 2016, Filed

An appropriate order will be issued, and decision will be entered under Rule 155.

E held a 99% interest in L, which held an account with MS as its only asset. L distributed to E a portion of the funds from the MS account, and E used those funds to pay estate taxes and administrative expenses.…

2Cases cited7 opinions

  1. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  2. Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989
  3. Sundstrand Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1994
  4. Sundstrand Corp. v. CommissionerUnited States Tax Court · 1992
  5. White v. CommissionerUnited States Tax Court · 1967

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Moss v. Comm'rUnited States Tax Court · 2017

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