- 20 - Estate of James Letts, Jr., did not provide any facts to respondent that would show that the Item II trust property was terminable interest property. For example, the estate tax return of the Estate of James Letts, Jr., did not include a copy of his will. The Commissioner may rely on a presumption of correctness of a return or report that is given to the Commissioner under penalties of perjury. Hughes & Luce, L.L.P. v. Commissioner, supra. The time to assess tax against the Estate of James Letts, Jr., expired. Thus, the second element has been satisfied. Herrington v. Commissioner, supra; Mayfair Minerals, Inc. v. Commissioner, supra; Spencer Medical Associates v. Commissioner, supra; Hughes & Luce, L.L.P. v. Commissioner, supra. c. Whether the Taxpayer Is Changing a Representation Previously Made After the Time To Assess Tax Has Passed Petitioner represented on its estate tax return that the Item II trust property was terminable interest property. That representation is inconsistent with the representation made on the return of the Estate of James Letts, Jr., that the Item II trust property was not terminable interest property. Decedent died after the time to assess tax against the Estate of James Letts, Jr., had passed. Thus, the third element for the duty of consistency is satisfied.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011