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and Rules 180, 181, and 183.1 The Court agrees with and adopts
the opinion of the Special Trial Judge, which is set forth below.
OPINION OF THE SPECIAL TRIAL JUDGE
DINAN, Special Trial Judge: Respondent determined a
deficiency in petitioner's Federal estate tax in the amount of
$732,106.81 and an addition to tax of $366,053.41 for fraud
pursuant to section 6653(b).
Many of the issues have been settled by the parties pursuant
to a Stipulation of Disposition of Issues filed September 3,
1985, and a Second Stipulation of Disposition of Issues filed
November 26, 1993.
The issues remaining for decision are: (1) Whether
petitioner is entitled to a theft loss deduction of $274,505.09
for Federal estate tax purposes; and (2) whether petitioner is
entitled to deduct for Federal estate tax purposes legal fees of
$193,004.43 allegedly paid to the law firm of Tupitza and
Marinelli for services performed from August 1990 through
December 1994.2
1 All section references are to the Internal Revenue Code
in effect as of November 14, 1977, the date of decedent's death.
All Rule references are to the Tax Court Rules of Practice and
Procedure.
2 The invoices for legal fees introduced into evidence at
trial (Exs. 17-Q and 47) show petitioner may have overpaid legal
fees by $3,095.57.
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