- 13 - stated that she was the legal trustee of the Marital Trust and that she was the trustee in possession of the Marital Trust property. As a necessary part of winding up the affairs of the Marital Trust, petitioner should have paid, or sought permission from the State court to pay, decedent's estate's unpaid Federal estate tax liability that resulted from the inclusion of the Marital Trust property in decedent's gross estate. Petitioner's contention that transferee liability under section 6324(a)(2) cannot apply to her because she did not have discretionary control or authority over the Marital Trust property as of the date of decedent's death is unsupported by both the statutory language and case law interpreting section 6324. Petitioner acknowledges that she, as trustee, had bare legal title to the Marital Trust property. The liability asserted against petitioner arose while she still held the assets from which to indemnify herself. Petitioner cannot deflect the liability imposed by section 6324(a)(2) by simply claiming that she no longer controls the assets, having distributed them to the beneficiary. Petitioner is not relieved from personal liability under section 6324(a)(2) because the District Court of Dakota County, Minnesota, ordered her to distribute the Marital Trust property to her brother. See, e.g., King v. United States, 379 U.S. 329, 338-339 (1964) (transferee held liable despite the distribution of property pursuant to a bankruptcy court order).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011