- 32 - Administration Trust (along with all other owners of shares in Mueller Co.) sold all its shares for $2,150 per share.8 On April 15, 1987, the Administration Trust filed its fiduciary income tax return (Form 1041) for the taxable year 1986 reporting $4,572,500 of capital gain on the sale of all 6,650 shares owned by it, and paid $912,378 in Federal income tax on the gain. The Administration Trust computed its capital gain using a date-of-death fair market value basis of $1,462 per share under section 1014(a)(1). On November 16, 1987, 11 months after petitioner had filed its Federal estate tax return reporting the fair market value of the shares at $1,505 per share, the Administration Trust filed an amended fiduciary income tax return recomputing the gain, using a basis of $1,500 per share, rather than $1,462. The “amended return”, as it was labeled, stated: “Taxpayer erroneously used the wrong basis for the shares of Mueller Company which were sold 7(...continued) Life Insurance Trust. The apportionment of Federal estate tax to the sons, as set forth in note 5 supra, is attributable primarily to their receipt of shares pursuant to decedent's exercise of the power of appointment in their favor. 8The actual sale of the 1,500 shares acquired by the Administration Trust upon decedent’s death was in fact carried out by the Comerica Bank as Trustee of the Ebert B. Mueller Marital Trust, but it was on behalf of the new owner, the Administration Trust. The gain realized upon the sale of the 1,500 shares was treated as distributable net income of the Administration Trust, and the Administration Trust included the gain realized on the sale of the 1,500 shares in its taxable income for 1986.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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