Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 32

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            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.                                                                           




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