Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polacheck, Co-Executors - Page 9

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               Since fraud on the part of the taxpayer as to the                      
               alleged deficiencies is the issue in this case, it is                  
               correct to state that if there is no deficiency, there                 
               can be no fraud in connection with the alleged                         
               deficiency.  This evidence should have been received.                  
               [Jenkins v. United States, 313 F.2d 624, 627 (5th Cir.                 
               1963).]                                                                
               We have also considered whether an estate may deduct the               
          items reported on its estate tax return, in order to determine              
          its underpayment for purposes of applying section 6663(a), as               
          well as any unreported item that is properly deductible as of the           
          date that the estate tax return is filed.  Such a result would be           
          reached by interpreting the phrase "tax required to be shown on a           
          return", as it appears in section 6663(a), to mean that an estate           
          must determine the related underpayment for that section by                 
          taking into account only those items that could have been                   
          properly deducted from the gross estate on the date that the                
          return was filed.  We reject this interpretation.  Congress did             
          not intend for that phrase to be understood in a temporal sense,            
          but intended that the phrase serve as a rule of classification.             
          In other words, the phrase "tax required to be shown on a return"           
          merely refers to the type of tax that is subject to section                 
          6663(a); namely, a tax payable with a return as opposed to, for             
          example, a tax payable by stamp.  In addition to our literal                
          reading of section 6663(a), in the view of the text of section              
          6663 as a whole, we find Congress' intent for the relevant phrase           
          by examining the evolution of section 6663(a).  Section 6663(a)             
          was added to the Code by section 7721(a) of the Omnibus Budget              



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