- 23 - I would think that the above authority would provide the mechanism to handle the dissent’s hypothetical situation that reflects bad faith and frivolous litigation. Lastly, if, on policy grounds,1 expenses of the type in dispute herein should be denied as a matter of law, it would appear appropriate for Congress to do so by legislation, rather than by opinion of this Court and by respondent’s strained interpretation of the statutory provisions, under which the expenses in dispute would be deductible under section 2053 for civil tax deficiency purposes but, as a matter of law, would not be deductible for purposes of the computation of the fraud addition to tax. If Congress intends significant disparate treatment in the allowance of identical expenses for two closely related purposes, I would expect such disparate treatment to be clearly set forth in the statutory scheme. 1A strong policy argument certainly can be made that because the items in question in this case were fraudulent they never should have been claimed on the estate tax return in the first place and the subsequent and related litigation expenses then never would have been incurred.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011