Lee Nelson Shaw - Page 6




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          concern the question whether the values of their trusts should be           
          included in their gross estates for purposes of computing Federal           
          estate taxes.  As indicated, respondent objects to the                      
          applications.                                                               
               It is our view that Rule 82 was not intended to be invoked             
          under the abstract circumstances of these cases.  The facts here            
          are clearly distinguishable from those in GlaxoSmithKline                   
          Holdings (Americas) Inc. v. Commissioner, 117 T.C. 1 (2001).  In            
          GlaxoSmithKline Holdings, the examination of the taxpayer was               
          ongoing.  Attempts were made to resolve differences through the             
          Advance Pricing Agreement Program and through the Internal                  
          Revenue Service’s Office of Appeals.  The taxpayer further                  
          requested relief from double taxation under the so-called                   
          competent authority process.  At the time of making the                     
          application to perpetuate testimony, the taxpayer anticipated               
          that the competent authority process could be protracted and that           
          it would be 4 or 5 years before the case might proceed to trial.            
          The Court concluded in GlaxoSmithKline Holdings that there was a            
          reasonable expectation that the applicants would be adversaries             
          in an action cognizable in the Court and a significant risk that            
          critical testimony might be lost.                                           
               By contrast, the applications in these cases involve the               
          possible estate taxes of persons who are still alive.  The only             
          certainty in these cases is that the applicants will die someday.           






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