Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polacheck, Co-Executors - Page 1

                                   111 T.C. No. 2                                     

                               UNITED STATES TAX COURT                                

          ESTATE OF EMANUEL TROMPETER, DECEASED,                                      
          POLACHEK, CO-EXECUTORS, Petitioner v. COMMISSIONER OF                       
          INTERNAL REVENUE, Respondent*                                               

               Docket No. 11170-95.              Filed July 22, 1998.                 

                    E, an estate, is subject to the fraud penalty of                  
               sec. 6663(a), I.R.C.  R computes this penalty based on                 
               E's underpayment as determined by taking into account                  
               only the deductions which were included on E's Federal                 
               estate tax return.  E computes its underpayment by also                
               taking into account deductions for expenses, such as                   
               professional fees and deficiency interest, which arose                 
               after the filing of E's return.                                        
                    Held:  E's underpayment is determined by taking                   
               into account all deductible expenses, including those                  
               paid or incurred after the filing of the return.                       

               Robert A. Levinson and Avram Salkin, for petitioner.                   

               * This opinion supplements our Memorandum Opinion in                   
          Estate of Trompeter v. Commissioner, T.C. Memo. 1998-35.                    

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