Kristine A. Cluck - Page 17

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          asserting that the stock had a value in excess of that used for             
          estate tax purposes.  The court refused to bind the beneficiaries           
          to the estate's valuation of the stock because the taxpayers were           
          minors and had no knowledge of what was being written in their              
          father's estate tax return in the United States.  Id. at 22.12              
               A number of courts have distinguished Ford, finding that a             
          taxpayer can, under appropriate circumstances, be estopped by a             
          representation made by or on behalf of a related taxpayer.  E.g.,           
          Hess v. United States, supra; Beltzer v. United States, supra;              
          McMillan v. United Sates, supra.  In Hess v. United States, supra           
          at 464, the court distinguished its own decision in Ford, finding           
          that the representation of an estate bound a testamentary trust             
          created by the estate.  In reaching this decision, the court                
          found that, although the trust and the estate were separate legal           
          entities, it was "fair and in accord with the spirit of law, to             
          require the trust to act in a manner consistent with the estate",           
          because the two entities were "very closely related."  Id.                  
               In Beltzer v. United States, supra at 212-213, the U.S.                
          Court of Appeals for the Eighth Circuit held that a beneficiary             
          was bound by an estate's representation, distinguishing the Ford            
          case.  In Beltzer, the taxpayer was a coexecutor of his father's            
          estate.  The taxpayer inherited stock which had been reported in            


          12  Unlike the situation in Ford v. United States, 149 Ct. Cl.              
          558, 276 F.2d 17 (1960), petitioner was an adult and married to             
          Elwood in 1989 when he signed the agreement.                                




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