Estate of Dorothy Morganson Schauerhamer, Deceased, Karl C. Dean, Personal Representative - Page 2

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          are to the Internal Revenue Code in effect as of the date of the            
          decedent's death, and all Rule references are to the Tax Court              
          Rules of Practice and Procedure.                                            
               After concessions, the issues we must decide are as follows:           
               1.  Whether, pursuant to section 2036(a)(1), the value of              
          certain assets transferred to family partnerships is includable             
          in the decedent's gross estate.  We hold that it is.                        
               2.  Whether petitioner, pursuant to section 6662(a), is                
          liable for the accuracy-related penalty for negligence.  We hold            
          it is not.                                                                  
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.  At           
          the time of her death, on December 13, 1991, Dorothy Schauerhamer           
          (decedent) resided in Salt Lake City, Utah.  At the time the                
          petition was filed, petitioner's personal representative had a              
          mailing address in Salt Lake City, Utah.                                    
               Decedent and her husband Willard Schauerhamer had three                
          adult children, David Schauerhamer, Diane Liddiard, and Sandra              
          Bradshaw, and jointly managed Economy Builders Supply, Inc., a              
          closely held corporation engaged in the sale of building                    
          materials.  After Willard's death in 1983, decedent took control            
          of the business.  She also managed several rental properties.               
               In late November of 1990, decedent was diagnosed with colon            
          cancer.  In early December of that year, she retained an                    
          attorney, Travis Bowen, to set her business affairs in order.               




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