-66- The $100,000 Alleged-Debt Deduction Petitioner deducted $100,000 from the gross value of the estate for alleged debts of decedent for which there was no evidence of indebtedness. Furthermore, the return disclosed a deduction for a debt of only $50,000. The disclosure exception, therefore, could apply to only $50,000 of alleged debt. The disclosure exception does not apply where the taxpayer fails to keep adequate books and records or to substantiate items properly. Jack is a cotrustee of the JKH Trust and was the attorney and agent of decedent. He had a fiduciary duty to both parties, yet he maintained essentially no records. He was unable to present records of either decedent or the JKH Trust that would support petitioner's position that decedent entered into a bona fide creditor-debtor relationship with the JKH Trust at the time of the transfers at issue. We hold, therefore, that petitioner is liable for the accuracy-related penalty for the portion of any understatement of the tax required to be shown on the return with respect to its position on the reduction of the gross value of decedent's estate for the $100,000 of alleged debt. The Deduction for Maid Service Petitioner deducted $20,501 as an administration expense for the maintenance of property prior to its distribution where the facts show that the expense inured to the benefit of the heirs and was not properly deductible as an expense of administration.Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
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