John Christopher Singleton - Page 9

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          Federal tax executed by an executor is not rendered invalid by              
          provisions of any State law.  Bartlett v. Commissioner, 16 B.T.A.           
          510, 513 (1929).  We have held that one co-executor may bind an             
          estate irrespective of State law requirements.  See Ewart v.                
          Commissioner, 85 T.C. 544, 549 (1985), affd. 814 F.2d 321 (6th Cir.         
          1987).  Thus, we hold that Ms. Gardiner’s execution of Form 900             
          effectively extended the period of collection of the Estate’s               
          unpaid taxes to December 31, 1993.                                          
               A representative of an estate paying a debt of the estate              
          before paying a claim of the Government is liable to the extent of          
          the payment for unpaid claims of the Government.  31 U.S.C. sec.            
          3713(b)(1994).  Here, there is no question but that petitioner              
          permitted the Estate to make payments to others and that at the             
          time the notice of liability was mailed to petitioner there                 
          remained unpaid estate taxes.                                               
               The Estate made payments to Ms. Gardiner not only prior to the         
          date the co-executors signed Form 890 (that is, prior to July 24,           
          1981) but also in 1982 and 1986 totaling approximately $15,500.             
          These latter payments appear to be made to Ms. Gardiner as                  
          beneficiary, rather than as executor.  In defending his making the          
          latter payments, petitioner states in his post-trial brief:                 
               those payments were made at a time when Petitioner was                 
               attempting to communicate and resolve the tax liability                
               with the Internal Revenue Service.  As indicated by this               
               Petitioner previously the State of Virginia inheritance                
               tax division closed the estate and Petitioner never                    
               received any response to its [sic] communications to the               
               Internal Revenue Service and while, with hindsight, the                




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