Estate of Irene H. Govern, Deceased, Revocable Trust of Charles S. Govern, Sr., Transferee, June G. Hall, Trustee and Transferee, June G. Hall, Transferee of Transferee, Muriel McNulty, Transferee o - Page 13

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          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).             






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