Estate of Mary K. Wetherington, Deceased, Mary Louise Ripple, Personal Representative - Page 4

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               Respondent determined a deficiency in estate tax.                       
          Petitioner filed a petition to contest that determination.  The              
          parties have settled all issues in this case (except those in the            
          motion before us).  Petitioner had no deficiency or overpayment.             
          Petitioner owed $98,707.93 of the tax shown on the return plus               
          interest of $292,878.72 when petitioner filed this motion.                   
                                      Discussion                                       
          A.   Background                                                              
               1.   Sections 6161 and 6166                                             
               A taxpayer generally may deduct interest on unpaid Federal              
          and State estate taxes from the gross estate as an expense of                
          administration.  Sec. 2053(a).  Interest may accrue on unpaid                
          estate taxes because the estate has an extension of time to pay              
          tax under section 6166 or section 6161(a).  An executor may elect            
          to pay estate tax in 10 equal installments, starting at the end              
          of a 5-year period during which only interest is payable, if a               
          closely held business constitutes more than 35 percent of the                
          adjusted gross estate.  Sec. 6166(a)(1).  Petitioner did not make            
          an election under section 6166.  The Secretary may extend the                
          time in which a taxpayer is required to pay estate tax (up to 12             
          months) if there is reasonable cause under section 6161(a)(1) and            
          the accompanying regulations.1  Under section 6161(a)(2), the                

               1Sec. 6161(a) provides:                                                 
                                                              (continued...)           




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