- 15 - II. Equitable Estoppel Petitioner contends that as a matter of equity, and notwithstanding the provisions of section 6324(a)(2), petitioner should be relieved from personal liability as a transferee for the unpaid Federal estate taxes of decedent's estate. Petitioner relies upon Schuster v. Commissioner, 312 F.2d 311 (9th Cir. 1962). In Schuster, a Federal estate tax return was filed for the decedent's estate, but the return failed to include the value of the corpus of a trust in the decedent's gross estate. The Commissioner audited the estate tax return of the estate and determined, erroneously, that the trust corpus was not taxable. The results of the audit were relayed to the trustee, which was a bank, by the beneficiary under the trust instrument. The trustee relied on the Commissioner's mistake that the trust corpus was not includable in decedent's gross estate, and distributed the trust corpus to the beneficiary, the trustee believing that no Federal estate tax was due. Thereafter, the Commissioner realized the mistake and asserted transferee liability against the beneficiary and the trustee for deficiencies in the estate's Federal estate tax. The trustee had distributed the trust assets to the beneficiary and did not retain any trust property which was the subject of the deficiency. Accordingly, any liability of the trustee would have to come out of its own funds and not from the corpus of the trust. We held that the trustee was liable under section 827(b) of the Internal Revenue Code of 1939, thePage: 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