Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polacheck, Co-Executors - Page 12

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               Respondent relies on the principles of cases such as                   
          Badaracco v. Commissioner, 464 U.S. 386, 401 (1984), and                    
          Helvering v. Mitchell, 303 U.S. 391, 401 (1938), to the effect              
          that fraud is established upon the filing of a fraudulent return            
          and that the fraud penalty reimburses the Government for                    
          detecting, investigating, and prosecuting fraud.  Although we               
          have no qualms about respondent's recitation of this well-settled           
          law, whether the estate is liable for fraud is not at issue here.           
          We decided that issue in Estate of Trompeter v. Commissioner,               
          T.C. Memo. 1998-35, where we found that the estate had committed            
          fraud when it filed its estate tax return.  We disagree with any            
          implication, however, that this body of law supports an                     
          interpretation of the phrase "tax required to be shown on a                 
          return" contrary to that which we espouse.  The relevant phrase             
          does not apply just to cases of fraud.  The same phrase appears             
          in section 6662(a), which, among other things, imposes a                    
          20-percent accuracy-related penalty on underpayments attributable           
          to negligence and substantial understatement.                               
               We hold that an estate's underpayment is determined by                 
          taking into account all amounts which it is allowed to deduct in            
          computing its Federal estate tax liability.  Respondent is                  
          concerned that our holding will lead to bad tax policy in that              
          the "government's reimbursement [through the fraud penalty] could           
          be consumed by the * * * [estate's] counsels' fees and fees being           
          paid to the trustees, who happen to be the beneficiaries of the             



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