Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polacheck, Co-Executors - Page 21

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                    The possibility that a position will not be                       
                    challenged by the Service (e.g., because the                      
                    taxpayer’s return may not be audited or                           
                    because the issue may not be raised on audit)                     
                    may not be taken into account.                                    

               In other words, in considering the “hazards of litigation”             
          or the reasonableness of a particular tax return position, tax              
          return preparers are now to assume that tax returns will be                 
          audited by respondent and that questionable items reported and              
          claimed on the returns will be disallowed by respondent.                    
               Accordingly, with regard to questionable items knowingly               
          reported on estate tax returns, taxpayers and tax return                    
          preparers generally are to anticipate that an audit will occur              
          and that questionable items will be disallowed by respondent, and           
          they are to anticipate that the estate will incur additional                
          legal expenses associated with that disallowance.  Thus, under              
          section 20.2053-1(b)(3), Estate Tax Regs., it appears that legal            
          expenses likely to be associated with a disallowance by                     
          respondent of questionable items reflected on estate tax returns            
          could be claimed on the returns when filed, based on reasonable             
          estimates therefor.                                                         
               I have two further points.                                             
               If a taxpayer and a tax return preparer jointly and                    
          knowingly participate in the preparation and filing of a grossly            
          fraudulent tax return to such an extent that the fraud -- when              
          first raised by respondent on audit -- should have been                     



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Last modified: May 25, 2011