Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polacheck, Co-Executors - Page 23

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               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.                                             


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