Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polacheck, Co-Executors - Page 3

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          an underpayment that takes into account all deductible expenses,            
          including expenses for trustee's fees, attorney's fees, and                 
          deficiency interest that were incurred after the filing of the              
          estate tax return.  Respondent challenges the estate's ability to           
          compute its underpayment by deducting the latter expenses.                  
          Respondent asserts that the estate must compute its underpayment            
          based solely on the expenses which were reported on its estate              
          tax return.                                                                 
               We agree with petitioner.  Section 6663(a) imposes a                   
          75-percent penalty on the portion of "any underpayment of tax               
          required to be shown on a return [that] is due to fraud".1  The             
          term "underpayment" is defined by section 6664(a) to mean                   
                    the amount by which any tax imposed by this                       
                    title exceeds the excess of--                                     
                         (1) the sum of--                                             
                              (A) the amount shown as the                             
                         tax by the taxpayer on his return,                           
                         plus                                                         
                              (B) amounts not so shown                                
                         previously assessed (or collected                            
                         without assessment), over                                    
                         (2) the amount of rebates made.                              




               1 Sec. 6663(a) provides:                                               
               SEC. 6663(a). Imposition of Penalty.--If any part of                   
               any underpayment of tax required to be shown on a                      
               return is due to fraud, there shall be added to the tax                
               an amount equal to 75-percent on the portion of the                    
               underpayment which is attributable to fraud.                           


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