John Christopher Singleton - Page 5

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          the deficiency were made as follows:  $7,000 on April 22, 1982;             
          $4,537 on December 27, 1990; and $186 on January 17, 1991.                  
               The Estate made the following disbursements during the years           
          1976-1990:                                                                  
          Disbursements  Disbursements  Disbursements                                 
               Total         To Ms.          To             To                        
          Disbursements   Gardiner1            Petitioner       IRS                   
          1976     $156,265   $14,678        $3,500         ---                       
          1977      103,894   56,500         3,000          ---                       
          1978      14,395    ---            1,000          $9,176                    
          1979  14,723  ---      ---      ---                                         
          1980      1,616          ---       1,600          ---                       
          1981      24  ---      ---      ---                                         
          1982      16,503         9,503          ---       7,000                     
          1986   6,000 6,000 ---      ---                                             
          1988      10  ---      ---      ---                                         
          1990      10,890         ---       5,800          4,537                     
               1    Except for a $50,000 payment to Ms. Gardiner in                   
               1977, the payments to her were characterized on the                    
               Estate’s final accounting statement as fees.                           
          Sometime after 1981, Ms. Gardiner suffered severe financial and             
          physical difficulties; at the time of trial, she was comatose in a          
          nursing home in North Carolina.  The IRS made no attempt to collect         
          the deficiency, interest, or penalty from Ms. Gardiner.                     
                                       OPINION                                        
               The executor of an estate has the ultimate responsibility for          
          payment of the Federal estate tax.  Sec. 2002.  If the executor             
          pays the debts of the estate, or distributes any portion of the             
          estate to a beneficiary, before satisfying the estate’s obligation          
          to the Government for estate taxes, then the executor is personally         
          liable, to the extent of the payment to the estate’s creditors or           





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