- 8 - Lorenz improperly. Petitioners' accountant wrote the following to respondent's counsel: It was crystal clear to me that the agreement with respect to the fraud penalty was that a 20% penalty would be asserted against Mrs. Lorenz with respect to her share of the additional tax. It is incredulous for me to believe that you would not inform us as to the impact of such an agreement (i.e., the government would collect the entire 75% from both the estate and the individuals) if the estate has sufficient assets. You should have been acutely aware of the fact as all of us that the estate possessed sufficient assets from which to collect the difference between the 20% and the 75%. Any reasonable person would conclude that we would never agree to such an application as you now attempt to explain to us. Petitioners' counsel wrote a letter to respondent's counsel in which he said: The only clear and rational interpretation of the negotiated penalty concession was that Mrs. Lorenz was to pay a 20 percent fraud penalty on her one-half and the Estate of Kevin Lorenz was to pay the full 75 percent penalty on its one-half. Discussion A. Fraud Penalty 1. Computation of the Fraud Penalty The parties agree that the estate of Mr. Lorenz and Mrs. Lorenz had a deficiency in income tax; i.e., total underpayment, of $14,720 for 1989 and $54,630 for 1990. Respondent calculated the fraud penalty to be paid by the estate of Mr. Lorenz by applying the 75-percent rate to Mr. and Mrs. Lorenz's total underpayment for each year in issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011