Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 62

                                               - 62 -                                                  
            taxable events occurred within the same calendar year, and within                          
            67 days of each other, that the single-transaction, item, or                               
            event requirement of equitable recoupment has been satisfied.                              
            3.  Inconsistent Treatment                                                                 
                  Respondent, in denying the Administration Trust’s second                             
            refund claim made in 1990, treated the same shares inconsistently                          
            with respondent’s statutory notice to petitioner determining an                            
            estate tax deficiency based on a different valuation of those                              
            shares at the same time, the time of decedent’s death.  It                                 
            follows from my conclusion in the preceding section that this                              
            case satisfies the single-transaction requirement that respondent                          
            has subjected the same item to inconsistent tax treatment.  Thus,                          
            the inconsistent-treatment requirement is met.23                                           


                  23I'm aware that it's not necessarily inconsistent that the                          
            same fund should be subjected to both income and gift tax, as the                          
            Code sections having to do with those two taxes are not construed                          
            in pari materia.  Farid-Es-Sultaneh v. Commissioner, 160 F.2d 812                          
            (2d Cir. 1947), revg. 6 T.C. 652 (1946).  That does not, however,                          
            gainsay a real inconsistency in our case, because both tax                                 
            results depend upon the same matter of fact, the fair market                               
            value of the same shares at decedent’s death.  It would be                                 
            inconsistent to hold those shares to have had one value for                                
            estate tax purposes and another for income tax purposes.  There                            
            is a presumption that the estate tax value of an asset is correct                          
            and applies also to determine income tax basis.  Hess v. United                            
            States, 210 Ct. Cl. 483, 537 F.2d 457, 463 (1976); Swift v.                                
            Wheatley, 538 F.2d 1009, 1010 (3d Cir. 1976); Levin v. United                              
            States, 373 F.2d 434, 438 (1st Cir. 1967); Williams v.                                     
            Commissioner, 44 F.2d 467, 469 (8th Cir. 1930), affg. 15 B.T.A.                            
            227 (1929); Feldman v. Commissioner, T.C. Memo. 1968-19; sec.                              
            1.1014-3(a), Income Tax Regs.; Rev. Rul. 54-97, 1954-1 C.B. 113.                           







Page:  Previous  52  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  68  69  70  71  Next

Last modified: May 25, 2011