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 15

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          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, the              




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