Estate of Edward P. Roski, Sr., Deceased, Edward P. Roski, Jr., Executor - Page 1














                                   128 T.C. No. 10                                    


                               UNITED STATES TAX COURT                                


           ESTATE OF EDWARD P. ROSKI, SR., DECEASED, EDWARD P. ROSKI, JR.,            
                               EXECUTOR, Petitioner v.                                
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket No. 5639-05.               Filed April 12, 2007.                


                    The estate elected to pay its tax in installments                 
               under sec. 6166(a)(1), I.R.C. (the election).  R                       
               informed the estate that it would have to secure a bond                
               equal to twice the amount of tax deferred or provide a                 
               special lien under sec. 6324A, I.R.C. (special lien),                  
               in order to qualify for the election.  R’s requirement                 
               was based on a recent decision by R to make a bond or a                
               special lien a prerequisite of the election in all                     
               cases.  The estate sent R a detailed letter enumerating                
               reasons why it was impracticable for the estate to                     
               secure a bond or a special lien and requested that R                   
               exercise his discretion and find that it was not                       
               necessary because of the minimal financial risk the                    
               estate’s circumstances posed.  R sent the estate a                     
               notice of determination denying the election and                       
               explaining that the estate failed to meet the                          
               requirements for the election because it failed to                     
               provide a bond or a special lien.                                      








Page:  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 10, 2007